Statutory Interpretation

By: Derek Hawkins//June 7, 2016//

Listen to this article

US Supreme Court

Case Name: Simmons et al v. Himmerlreich

Case No.: 15-109

Focus: Statutory Interpretation

The judgment bar provision of the Federal Tort Claims (FTCA) act does not apply to claims dismissed for falling within the exceptions section of the FTCA.

“The FTCA explicitly excepts from its coverage certain categories of claims, including the one into which Himmelreich’s first suit fell. If, as the Government maintains, Chapter 171’s judgment bar provision applies to claims in that “Exceptions” category, it applied to Himmelreich’s first suit and would preclude any future actions, including his second suit. On Himmelreich’s reading, however, the provision does not apply and he may proceed with his second suit”

Affirmed

Concurring:

Dissenting:

Full Text

Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

Select Region or Brand

Upcoming Event