Category Archives: Pro Se Resources

featured, Legal Research, Pro Se Resources

How To Sue the U.S. Federal Government

A REFRESHER ON THE FEDERAL TORT CLAIMS ACT:
HOW TO SUE THE UNITED STATES

By Richard W. Hendrix

The Federal Tort Claims Act was enacted by Congress in 1946 in recognition of the inequities caused by the failure to permit tort suits against the United States Government. Prior to the enactment of the FTCA, private bills requiring Congressional consideration each session was the only avenue for civil recovery against the government. When the United States Government is now sued in tort, the Federal Tort Claims Act, 28 U.S.C. § 346(b), 2671 - 2680, comes … Continue Reading ››

Case Law, Pro Se Resources

U.S. 11th Circuit Opinion – Judicial Abuse of Discretion

 

123 F.3d 1353

38 Fed.R.Serv.3d 1494, 11 Fla. L. Weekly Fed. C 609

Bhupendra CHUDASAMA; Gunvanti B. Chudasama, Plaintiffs-Appellees,
v.
MAZDA MOTOR CORPORATION; Mazda Motor of America, Inc.,
Defendants-Appellants.

Nos. 95-8896, 95-8921.

United States Court of Appeals,
Eleventh Circuit.

Sept. 15, 1997.

Charles M. Shaffer, Jr., Michael M. Raeber, King & Spalding, Atlanta, GA, Jerry A. Buchanan, Buchanan & Land, Columbus, GA, Richard H. Willis, Nelson, Mullins, Riley & Scarborough, Atlanta, GA, Thomas Field, Stroock, Stroock, & Lavan, New York City, for … Continue Reading ››

Legal Research, Pro Se Resources

Constitutional Challenge to Statute

Rule 5.1. Constitutional Challenge to a Statute

(a) Notice by a Party. A party that files a pleading, written motion, or other paper drawing into question the constitutionality of a federal or state statute must promptly:

(1) file a notice of constitutional question stating the question and identifying the paper that raises it, if:

(A) a federal statute is questioned and the parties do not include the United States, one of its agencies, or one of its officers or employees in an … Continue Reading ››