Litigation with the Federal Government

Litigation with the Federal Government, West Academic Press, 2016

U of St. Thomas (Minnesota) Legal Studies Research Paper No. 16-16

24 Pages Posted: 25 Jul 2016

See all articles by Gregory C. Sisk

Gregory C. Sisk

University of St. Thomas School of Law (Minnesota)

Multiple version iconThere are 2 versions of this paper

Date Written: 2016

Abstract

Any lawyer who practices regularly in the federal courts will encounter the federal government as a party and will learn, as the Supreme Court warned nearly 60 years ago, that the United States is not “just another private litigant.” The federal government is a party, as plaintiff or defendant, to between one-fifth and one-quarter of all civil cases in the federal courts, including such special tribunals as the Court of Federal Claims and the Court of Appeals for Veterans Claims. The federal government (and its employees) may be protected by sovereign or official immunities, assert special defenses, and enjoy certain exceptions from liability. Federal government cases often involve issues central to the lives of many people, such as claims involving personal injury under the Federal Tort Claims Act; civilian and employee military claims under the Civil Service Reform Act and Tucker Act; governmental expropriation of property under the Tucker Act; and contractual obligations under the Contract Disputes Act; Bivens constitutional claims against federal officers; and claims for attorney’s fees under such unique statutes as the Equal Access to Justice Act.

Attached is the foreword and table of contents to this new treatise in the classic West Hornbook series.

Keywords: litigation with the federal government, federal government, federal litigation, sovereign immunity, federal sovereign immunity, federal tort claims act, Tucker Act, Court of Federal Claims, Equal Access to Justice Act, Bivens claims, constitutional claims, federal courts, federal jurisdiction

Suggested Citation

Sisk, Gregory C., Litigation with the Federal Government (2016). Litigation with the Federal Government, West Academic Press, 2016, U of St. Thomas (Minnesota) Legal Studies Research Paper No. 16-16, Available at SSRN: https://ssrn.com/abstract=2814213

Gregory C. Sisk (Contact Author)

University of St. Thomas School of Law (Minnesota) ( email )

MSL 400, 1000 La Salle Avenue
Minneapolis, MN Minnesota 55403-2005
United States
651-962-4892 (Phone)

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