Tort actions against the federal government and its agencies are currently governed by the FTCA and various other statutes, agency rules and procedures. Claims against the government are increasing rapidly, and the agencies enjoy broad settlement authority, often at the expense of coordination among the appropriate statutes. This Article examines the various procedures allowed and those that are actually practiced by the agencies. The author points out that, though claims officers are supposed to be fair-minded, the process can take on an adversarial nature, often a prelude to litigation rather than settlement. He proposes that the current processes be made fairer for claimants. He advocates, among other things, liberalizing the rules dealing with bringing the claim, giving notice of reasons for denying a claim and the reconsideration process as means of removing obstructions to agency-level settlements.
Administrative Law | Law | Torts
George A. Bermann,
Federal Tort Claims at the Agency Level: The FTCA Administrative Process,
Case W. Res. L. Rev.
Available at: https://scholarship.law.columbia.edu/faculty_scholarship/3781