| Unusual Defenses to Defamation |
| Defamation lawsuits are not easy to win because the plaintiff must both prove the difficult elements of his or her case and avoid the many defenses to defamation. This article discusses two unusual "defenses" to defamation, the unreal but practical defense of I-dare-you-to-sue, and the real but rare defense of consent.More... |
| The Longshore and Harbor Workers' Compensation Act - Medical and Disability Benefits |
| Under the Longshore and Harbor Workers' Compensation Act, an employee who has sustained a work related injury may recover medical benefits for all medical, surgical, and hospital treatment and other services required by the injury. In addition, the employee may recover the cost of travel and mileage in connection with such treatment. Generally, the employee may obtain medical treatment from the physician of his choice. However, the employee may not choose a physician who is not authorized by the Department of Labor to render medical care under the Act. More... |
| STATE TORT CLAIMS ACTS |
| Governmental entities are generally immune from liability for lawsuits in accordance with the principle of sovereign immunity. However, most states have enacted statutes that provide for waiver of such immunity for certain types of tort actions. Such statutes are generally referred to as state tort claims acts. More... |
| Federal Tort Claims Act - Intentional Torts Exception |
| The Federal Tort Claims Act (FTCA) applies to claims arising from the negligence of a federal government employee. The FTCA specifically bars claims that arise from an "intentional tort" committed by a federal government employee. More... |
| Federal Tort Claims Act - Scope of Employment |
| The Federal Tort Claims Act (FTCA) applies to claims for personal injury caused by the negligence of a federal government employee who is acting within the scope of his or her employment, under circumstances where a private person would be liable under state law. Therefore, in order for the FTCA to apply, the employee's negligence must occur within the scope of his or her employment. Generally, a federal government employee is acting within the scope of his or her employment if the employee is engaged in an authorized activity that serves a governmental purpose.More... |
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