3.3 – Assignment: Web Search – Federal Tort Law 1010 unread replies.1313 replies.With some relatively limited exceptions, e.g., the FederalTort Claims Act, 28 U.S.C. §§ 2671-2680 (which relinquishes the otherwisesovereign immunity of the United States in certain instances, i.e., allowingU.S. citizens the ability, which they would otherwise not have, to sue thefederal government for the negligent acts of its agents, for instance, theability to sue the Federal Aviation Administration for allegedly negligent airtraffic control errors, so here weâ€
re talking about a different “ sovereignimmunity†doctrine than the international law one discussed in Jennings, pp.227-228 and Emerson, p. 579), the vast majority of tort law is state law (seeEmerson, p. 50, “[f]or torts, the applicable law is usually the law of thestate where the injury occurs,†[emphasis in original], as opposed to federallaw (as the language of the Federal Tort Claims Act, 28 U.S.C. § 2674,effectively adopts state law, with certain specified exceptions, to determinewhether or not the U.S. will be liable). However, there are still instanceswhere Congress has acted to impact the way tort law functions. Under theostensible belief that there were deficiencies/injustices in how state courtswere processing/handling such class actions, Congress passed, and the Presidentsigned into law, the Class Action Fairness Act of 2005, making it easier fordefendants to “remove†the action to federal court (i.e., although initiallyfiled by a plaintiff in a state court, the proceedings thereafter, includingany trial, would be conducted by/in a federal district court). Using your Web browser, go to thomas.loc.gov (Links to anexternal site.). Find out: Who introduced this legislation (and when);What the bill number was;When (and by what vote), it passed the Senate and the Houseof Representatives;When the President signed it; andThe Public Law Number for this bill/act.Then find the citation for the U.S.C. segment that describesthe procedure/requirements for the removal of class actions described above. You are not required to respond to your classmates, but it isstrongly encouraged that you respond to your peers.Please Review the Project/Activity Rubr
