Tag Archives: Federal Tort Claims Act

Another Court of Appeals Has to Write an Opinion Reminding Litigants That Fed. R. Evid. 702 Applies to Nearly All Cases in Federal Court Involving Expert Testimony

In Love v. United States, No. 20-3534 (7th Cir. Nov. 4, 2021), the Seventh Circuit issues a short opinion devoted entirely to knocking down an argument that state rather than federal expert-witness evidence rules apply to a case governed by state law. This mirrors a recent Second Circuit opinion from October 6, 2021. Plaintiff VargasContinue reading “Another Court of Appeals Has to Write an Opinion Reminding Litigants That Fed. R. Evid. 702 Applies to Nearly All Cases in Federal Court Involving Expert Testimony”

Creating Split in Circuits, Divided Sixth Circuit Panel Holds That Presenting “Specific Dollar Amount” to Agency in Federal Tort Claims Act Case Is Not a Jurisdictional Requirement

In Copen v. United States, No. 21-2655 (6th Cir. July 6, 2021), a 2-1 panel holds that the requirement under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 2671–80, that a tort victim first present “the amount of the claim . . . to the federal agency” (id. § 2675(b)) is mandatory, but notContinue reading “Creating Split in Circuits, Divided Sixth Circuit Panel Holds That Presenting “Specific Dollar Amount” to Agency in Federal Tort Claims Act Case Is Not a Jurisdictional Requirement”