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Tag Archives: FTCA

09-2756 Gipson v. U.S.

Torts FTCA A state rule that expert testimony is required to establish medical malpractice applies to actions under the Federal Tort Claims Act. “Concern with forum shopping—a concern that favors interpreting ‘substantive’ broadly in diversity cases—is absent from cases under the Federal Tort Claims Act. Such cases can be brought only in federal court—the plaintiff has no choice of forum. ...

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09-C-1156 Kaloti Wholesale, Inc., v. U.S.

Torts FTCA Where federal agents seized infant formula that then spoiled and lost its value, the owner has a claim under the Federal Tort Claims Act. “In the present case, I cannot say that plaintiff fails to plausibly allege that its claim is not within the CAFRA exception to the detention of goods exception. Plaintiff alleges facts from which it ...

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