Newsletters

Recovery by Guest in Automobile Cases

A "guest" in an automobile is a person who rides in an automobile driven by another person for his own pleasure or business without paying the driver or conferring any benefit on him. If the guest is injured while riding in the driver's automobile, he may be permitted to recover for any injuries that he suffers. His recovery will depend on whether or not a "guest statute" applies in the jurisdiction.

The Foreign Claims Act

The Foreign Claims Act (FCA) was enacted in 1982 in order to provide compensation to persons in foreign countries who sustain personal injuries, who die, or who sustain property damage as a result of the actions of military personnel of the United States government while the personnel are stationed overseas.

Federal Teacher Protection Act -- Punitive Damages

The federal Teacher Protection Act (TPA) attempts to limit punitive damage awards against school employees in cases in which they are not immune from liability.

Federal Laws Regarding Recreational boating accident

Federal law will apply to a recreational boating accident when a lawsuit is brought in a federal district court based upon the federal court's admiralty or diversity of citizenship jurisdiction. A federal court's admiralty jurisdiction exists when the accident occurred on the high seas or on navigable waters. The high seas are waters that are within the jurisdiction of another country. Navigable waters are waters that are used in interstate or foreign commerce. Diversity of citizenship jurisdiction exists when the parties to the lawsuit are from different states.

Federal Teacher Protection Act -- Exceptions

Under the federal Teacher Protection Act (TPA), a school employee may be immune from civil liability when a student is injured as a result of the employee's attempt to discipline or control the student. However, the TPA does not apply under some circumstances.