In the Winter 2008 Newsletter

A Breach in the Wall: Independent Contractors May Not be Protected by the Feres Doctrine
By Koby J. Langley, Esq., Denver, CO

INTRODUCTION
Plaintiff’s attorneys have been pounding their heads against the Feres wall for over half a century. As the Military decentralizes and the services and activities that cause injuries to service members become less and less relevant to the fundamental rationales behind Feres, it is incumbent upon the Plaintiff’s bar to identify any potential points of entry through this wall. This article identifies one such breach and proposes a plausible new front.

In the past, courts readily dismissed Feres cases even in the absence of a detailed factual investigation when there was simply evidence that . . .

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The Chair's Message

Jamal K. Alsaffar Chair, Federal Tort Liability & Military Advocacy Section

It is with great pleasure that I take over as chair of the Federal Tort Liability and Military Advocacy Section. Thanks to the hard work of our Section’s leadership, and in particular that of outgoing Chair Howard Richman, the Section membership have available to them more resources than ever that will aid in their federal tort and military practice.

The past year has been a busy and successful one for this Section. With another year behind us, there is much to report. Howard Richman along with past Section chairs, Ira Leesfield and Michael Archuleta, developed the Federal Torts Litigation Group. While AAJ has the Birth Trauma Litigation Group, the Medical Negligence Information Group, the Breast Cancer Litigation Group, to list a few, our Section and the newly created Litigation Group will provide AAJ members with the unique and valuable information needed to successfully pursue a federal tort claim. . . .

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Your Free CLE Reference Materials

MEDIATION AND SETTLEMENT CONFERENCE TACTICS IN FTCA CASES: THE INSIDER’S PERSPECTIVE
By Koby J. Langley

After a few combat deployments with the 82nd Airborne Division as an Army Judge Advocate Generals Corps attorney, and jumping out of planes for a living, the Army decided to turn me into a federal tort litigator. I liked it so much, I decided to leave and start my own practice. I hope to share with you a few of the insights and knowledge I gained working with some of the most brilliant litigators, trial counsel, and appellate staff that the United States has to offer. After working on over 160 Federal Tort Claims Act (FTCA) cases the past three years and preparing settlement memorandum and presettlement conference statements for federal judges, United States Department of Justice counsel, federal agency counsel, and Assistant United States Attorneys across the country in over 20 different states, I have seen firsthand what things can get your case resolved in the most favorable fashion for your client. If you represent a Plaintiff in an action against the United States, I can give you important insights on how

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This paper, available free to members of the Federal Tort Liability and Military Advocacy Section, was presented at the 2007 AAJ Annual Convention in Chicago. Copyright © 2007 American Association for Justice. Further reproduction of any kind is prohibited. For more information, call AAJ Education at (800) 622-1791.To purchase other papers, visit the AAJ Exchange.

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Listen to Your Section's Education Program from the Chicago Annual Convention. Federal Tort Liability and Military Advocacy Section members save 25% off recordings from the Federal Tort Liability and Military Advocacy Section's Convention education programs. Call AAJ's audio and video provider, iPlayback, at 800-241-7785 or 770-447-0616 or visit the Web site at www.iplaybackAAJ.com.

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