Indian Tribal Conflict Resolution and Tort Claims and Risk Management Act of 1998: Hearing Before the Committee on Indian Affairs, United States Senate, One Hundred Fifth Congress, Second Session, on S. 2097 ... July 15, 1998, Washington DC.U.S. Government Printing Office, 1999 - 348 pages |
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Page 18
... DAMAGES . - No action to recover dam- ages arising out of or in connection with an agreement or compact entered into under this section may be brought , except as specifically provided for in that agreement or compact . ⚫S 2097 IS 1 2 ...
... DAMAGES . - No action to recover dam- ages arising out of or in connection with an agreement or compact entered into under this section may be brought , except as specifically provided for in that agreement or compact . ⚫S 2097 IS 1 2 ...
Page 25
... section shall include 21 a waiver of any potential liability for— ( 1 ) interest that may be payable before judg- 22 23 ment ; or 24 ( 2 ) exemplary or punitive damages . ⚫8 2007 18 24 1 ( e ) PREFERENCE . - In obtaining 25.
... section shall include 21 a waiver of any potential liability for— ( 1 ) interest that may be payable before judg- 22 23 ment ; or 24 ( 2 ) exemplary or punitive damages . ⚫8 2007 18 24 1 ( e ) PREFERENCE . - In obtaining 25.
Page 99
... damage tribal interests . Unlike other proposals that have been made , your bill carefully avoids any invasion of tribal sovereignty and does not expose tribes to the dangers of unbridled litigation . As you are well aware , Indian ...
... damage tribal interests . Unlike other proposals that have been made , your bill carefully avoids any invasion of tribal sovereignty and does not expose tribes to the dangers of unbridled litigation . As you are well aware , Indian ...
Page 108
... damages in actions by the state . And under today's decision , states may of course collect the sales tax from cigarette wholesalers , either by seizing unstamped cigarettes off the reservation , or by assessing wholesalers who supplied ...
... damages in actions by the state . And under today's decision , states may of course collect the sales tax from cigarette wholesalers , either by seizing unstamped cigarettes off the reservation , or by assessing wholesalers who supplied ...
Page 110
... damages , and in addition , any claim for money damages must first be presented to the appropriate federal agency . In 1988 amendments to the FTCA , Congress clarified and strengthened the federal government's right to any defense based ...
... damages , and in addition , any claim for money damages must first be presented to the appropriate federal agency . In 1988 amendments to the FTCA , Congress clarified and strengthened the federal government's right to any defense based ...
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Common terms and phrases
1996 Regulations activities alternative dispute resolution Amendments Apesanahkwat Ben Nighthorse Campbell bill Center for Health Chairman claimant clients CONGRESS THE LIBRARY contract contractors and compactors cost covered decision determine develop duplicative Federal agency Federal employees Federal government Federal Tort Claims filed FMCS FTCA claims FTCA coverage George Washington University health centers Health Policy Research Indian Affairs Indian Self-Determination Indian tribes individual injury insurance companies insurance policy intergovernmental Interior involved issues jurisdiction legislation liability coverage LIBRARY OF CONGRESS litigation medical malpractice Native American negotiations non-Indian Office panel parties premiums private liability insurance problems procedures programs purchase retail taxes Risk Management Act scope of employment Secretary self-determination contractors Senator GORTON Title Tort Claims Act tort liability tribal clinic tribal contractors tribal court tribal governments tribal organizations tribal representatives tribal sovereign immunity tribe or tribal tribes and tribal U.S. Attorney United Ute Tribes Washington
Popular passages
Page 224 - based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a Federal agency or an employee of the government, whether or not the discretion involved
Page 273 - out of assault, battery, false imprisonment, false arrest, malicious prosecution, abuse of process, libel, slander, misrepresentation, deceit, or interference with contract rights: Provided, that, with regard to acts of omissions of investigative or law enforcement officers of the United States Government, the provisions of this chapter
Page 220 - with respect to claims for personal injury, including death, resulting from the performance of medical, surgical, dental or related functions, including the conduct of clinical studies or investigations, a tribal organization or Indian contractor carrying out a contract, grant agreement or cooperative agreement under sections 103 or 104(b) of this Act is deemed to be
Page 220 - of the Public Health Service of the Department of Health and Human Services while carrying out any such contract or agreement and its employees (including those acting on behalf of the organization or contractor as provided in section 2671 of title 28) are deemed employees of the Service while acting within the scope of their
Page 214 - if a private person, would be liable to the claimant in accordance with the law of the
Page 288 - assault, battery, false imprisonment, false arrest, malicious prosecution, abuse of process, libel, slander, misrepresentation, deceit, or interference with contract rights (except
Page 226 - assault, battery, false imprisonment, false arrest, malicious prosecution, abuse of process, libel, slander, misrepresentation, deceit, or interference with contract rights.
Page 21 - section. Upon request of the Chairman of the Commission, the head of such department or agency shall furnish such information to the Commission. (C)
Page 21 - departments and agencies of the Federal Government. (D) GIFTS.—The Commission may accept, use, and dispose of gifts or donations of services or property. (9)
Page 223 - With respect to claims resulting from the performance of functions during fiscal year 1991 and thereafter, or claims asserted after September 20. 1990. but resulting from the performance of functions prior to fiscal year 1991, under a contract, grant agreement, or cooperative agreement authorized by the Indian SelfDetermination and Education Assistance Act of 1975. as amended,...