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Constitutional – Sovereign immunity – False Claims Act
Where a defendant under the False Claims Act has moved for leave to amend its answer in order to assert counterclaims for recoupment, offset and unjust enrichment, the motion should be allowed in part and denied in part, as the state plaintiffs have waived their sovereign immunity but the United States did not.
SCOTUS: State-created transit corp. not immune from PI suits
U.S. Supreme Court rules New Jersey Transit is not entitled to sovereign immunity, allowing negligence lawsuits over bus accidents in New York and Pennsylvania.
SCOTUS: Postal Service can’t be sued for ‘intentional’ failure to deliver mail
The U.S. Supreme Court ruled the FTCA’s postal exception bars claims over intentional mail nondelivery, shielding USPS under sovereign immunity.
Fraud – False Claims Act – Sovereign immunity
Where a False Claims Act complaint alleging retaliation at Veterans Affairs Maine Healthcare System was dismissed, the judgment of dismissal should be affirmed because Congress has not expressly waived the federal government's sovereign immunity to permit FCA-based retaliation claims against federal employers.
Constitutional – Sovereign immunity
Where a complaint against Maine’s Department of Health and Human Services was dismissed, that decision must be reversed because the department is not entitled to sovereign immunity.
Tort – FTCA – Immunity
Where a plaintiff has alleged that a Customs and Border Protection officer forced unwanted sexual contact upon her and unlawfully seized her luggage while she was in custody at an airport, one of her claims under the Federal Tort Claims Act must be dismissed because that claim does not fall within the FTCA’s waiver of sovereign immunity.
SCOTUS revives tort claims over FBI search of wrong house
The Supreme Court revives a lawsuit against the FBI for a 2017 wrong-house raid, clarifying the scope of the Federal Tort Claims Act.
Forfeiture – Sovereign immunity
Where plaintiffs whose Massachusetts drug convictions have been vacated and dismissed but whose forfeited property has not been returned to them have brought a putative class action, the complaint must be dismissed on sovereign immunity grounds to the extent that the plaintiffs are requesting monetary relief from the state treasury, but their claims for prospective, procedural injunctive relief ar[...]
Immigration – Family separation – Sovereign immunity
Where plaintiffs have filed a Federal Tort Claims Act complaint over the separation of noncitizen families who crossed the southern border of the United States, a motion to dismiss that […]
Education – Sovereign immunity – Department of Education
Where a former medical resident brought suit against the Department of Education, alleging that a decision by its Office for Civil Rights to deny his appeal to investigate his administrative […]
Damages – Postjudgment interest – Sovereign immunity
Where a plaintiff was awarded punitive damages, costs and counsel fees as part of a judgment under G.L.c. 151B, section9, her request for postjudgment interest on the award was correctly denied […]
Damages – Postjudgment interest – Sovereign immunity
Where a plaintiff recovered punitive damages under G.L.c. 151B against a subdivision of the commonwealth, sovereign immunity bars an award of postjudgment interest on the punitive damages and on the award […]
Verdicts & Settlements
- Injury during baby’s adenoidectomy leads to stroke
- Construction worker’s hand caught in cement mixer
- Worker trapped in freezer, dies during steam cleaning
- Pedestrian, 69, hit by motor vehicle while in crosswalk
- Four-vehicle pileup leaves driver with spinal cord injury
- Nursing home staff blamed for kidney-failure death
- Pharmacy’s late delivery blamed for patient’s death
- Man, 25, drowns after swimming lesson at fitness club
Opinion Digests
- Jurisdiction – Forum selection clause – Non-signatory
- Criminal – Responsibility
- Attorneys – Lien
- Landlord and tenant – Default judgment
- Zoning – Constructive grant – Comprehensive permit
- Fraud – False Claims Act – Settlement share
- Civil practice – Discovery – Cybersecurity
