Tort Claims: Hearings ... on H.R. 5373 and H.R. 6463 ... January 29, 19421942 - 69 pages |
From inside the book
Results 6-10 of 27
Page 8
... award , he thereby releases his claim both against the United States and against the employee whose negligence or ... award conclusive . Where is that language ? Mr. MICHENER . It says upon the acceptance by the claimant of the award the ...
... award , he thereby releases his claim both against the United States and against the employee whose negligence or ... award conclusive . Where is that language ? Mr. MICHENER . It says upon the acceptance by the claimant of the award the ...
Page 9
... award or determination shall be final and conclusive on all officers of the Government except when procured by means of fraud . " You mean where the claimant procures the award by fraud ? Mr. SHEA . That is right . Mr. ROBSION . What ...
... award or determination shall be final and conclusive on all officers of the Government except when procured by means of fraud . " You mean where the claimant procures the award by fraud ? Mr. SHEA . That is right . Mr. ROBSION . What ...
Page 25
... award to Congress as a legal claim for payment . A few Government agencies are specially authorized to make similar administrative adjustments of claims for personal injuries up to $ 500 . While the remedy given by these statutes is ...
... award to Congress as a legal claim for payment . A few Government agencies are specially authorized to make similar administrative adjustments of claims for personal injuries up to $ 500 . While the remedy given by these statutes is ...
Page 26
... Awards made by the Federal agency are final and conclusive upon all officers of the Government , except for fraud , and if claimant accepts the award , he thereby releases his claim both against the United States and against the ...
... Awards made by the Federal agency are final and conclusive upon all officers of the Government , except for fraud , and if claimant accepts the award , he thereby releases his claim both against the United States and against the ...
Page 27
... award and wishes to litigate the claim , the Government should be free to defend it de novo . By the same token , rejection of the claim by the Federal agency cannot be introduced in court by the Government as evidence of nonliability ...
... award and wishes to litigate the claim , the Government should be free to defend it de novo . By the same token , rejection of the claim by the Federal agency cannot be introduced in court by the Government as evidence of nonliability ...
Common terms and phrases
42 Stat Act of March act or omission adjustment of tort administrative adjustment administrative settlement Attorney authority award or judgment CELLER CHAIRMAN circuit courts claim arising claim for damages claimant Claims Committee claims for personal Committee on Claims common law Congress Congressman consideration contributory negligence Court of Claims courts of appeals damages caused December 28 department or independent district courts exempted Federal agency Federal Tort Claims Federal Trade Commission filed Government while acting HATTON W House independent establishment injury or death June 25 jury legislation liability loss or damage matter ment MICHENER negligent or wrongful O'HARA officer or employee personal injury PRESENT BILL SEC private bills private claim bills procedure property loss provision of law Public Law Numbered pursuant to title recovery repeal ROBSION scope section 402 Senate settle SHEA Supreme Court tion Tort Claims Act Tucker Act United States attorney United States district wrongful act
Popular passages
Page 4 - Any claim based upon an act or omission of an employee of the Government, exercising due care, in the execution of a statute or regulation, whether or not such statute or regulation be valid, or 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 be abused.
Page 6 - If any provision of this Act or the application of such provision to any person or circumstances shall be held invalid, the remainder of the Act, and the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.
Page 68 - January 1, 1945, on account of damage to or loss of property or on account of personal injury or death caused by the negligent or wrongful act or omission of any employee, of the Government...
Page 3 - That the Supreme Court of the United States shall have the power to prescribe, by general rules, for the district courts of the United States and for the courts of the District of Columbia, the forms of process, writs, pleadings, and motions, and the practice and procedure in civil actions at law.
Page 67 - Any attorney who charges, demands, receives, or collects for services rendered in connection with...
Page 5 - ... to be paid out of but not in addition to the amount of judgment, award, or settlement recovered, to the attorneys representing the claimant.
Page 46 - It is as much the duty of Government to render prompt justice against itself, in favor of citizens, as it is to administer the same between private individuals.
Page 4 - Any claim arising in respect of the assessment or collection of any tax or customs duty, or the detention of any goods or merchandise by any officer of customs or excise or any other law-enforcement officer.
Page 2 - The acceptance by the claimant of any such award, compromise, or settlement shall be final and conclusive on the claimant, and shall constitute a complete release of any claim against the United States and against the employee of the government whose act or omission gave rise to the claim, by reason of the same subject matter.
Page 2 - ... on account of damage to or loss of property or on account of personal injury or death caused by the negligent or wrongful act or omission of any employee of the government while acting within the scope of his office or employment, under circumstances where the United States, if a private person, would be liable to the claimant for such damage, loss, injury, or death in accordance with the law of the place where the act or omission occurred.