Thinking of Suing a Private Military Contractor? There May Be a Way…


U.S.

Even if you’re not a lawyer, you may be aware that traditionally the U.S. military establishment enjoys a lot of immunity for casualties that happen to those who wear the nation’s uniform.

For example, the Federal Tort Claims Act (FTCA ) is a statute enacted by Congress in 1948 that permits private parties to sue the United States in a federal court for most torts committed by persons acting on behalf of the United States. As the FTCA constitutes a limited waiver of sovereign immunity, it comes as no great shock that subsequently the Pentagon would want something in writing that would protect it from such legal actions.

So back in 1950 the Supreme Court ruled that the United States is not liable under the Federal Tort Claims Act for injuries to members of the armed forces sustained while on active duty and not on furlough, and resulting from the…

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