Federal Tort Claims Act Cases: Recovering for Medical Malpractice, Personal Injury, and Property Damage
Limits on the Independent Contractor and Discretionary Function Exceptions
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will instruct personal injury attorneys on the prerequisites for filing suit under the Federal Tort Claims Act (FTCA) and how to defeat the government's motions to dismiss or for summary judgment based on the "independent contractor" and the "discretionary function" exceptions to the FTCA. These exceptions often do not apply, and careful attention to the facts, the law, and drafting can dissipate these rote defenses.
Outline
- Overview of the FCTA
- Challenges of suing the government
- Prerequisites to suit
- Jurisdictional nature of the exclusions
- Independent contractor exclusion
- Discretionary function exclusion
- Practical strategies for avoiding dismissal in the early stages of the case
Benefits
The panel will review these and other relevant matters:
- Costs and benefits of suing the federal government
- General prerequisites for suit under the FTCA
- The independent contractor exception
- The discretionary function exception
- Tips for surviving the government's efforts to dismiss the case
Faculty

J. Callen Sparrow
Partner
Heninger Garrison Davis
Mr. Sparrow’s areas of practice include personal injury law, wrongful death, product liability, general... | Read More
Mr. Sparrow’s areas of practice include personal injury law, wrongful death, product liability, general litigation, and insurance fraud. Before becoming a plaintiff’s attorney, he began his legal career in the Attorney General’s office for two years as Assistant Attorney General in Montgomery, Alabama.
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Ian Wallach
Founding Partner
Law Offices of Ian Wallach
Mr. Wallach's practice is substantially devoted to criminal defense, with much of it involving the representation... | Read More
Mr. Wallach's practice is substantially devoted to criminal defense, with much of it involving the representation of indigent accused persons through court appointment. He also devotes substantial time to providing pro bono representation. Mr. Wallach has worked in numerous practice settings, including serving as a deputy public defender in Los Angeles County for more than four years.
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