Giovanni Nicosia, P.A.
personal injury Newsletter
Tort Law Depends upon State Law
 
Apart from legislation granting a right to sue for a specific harm, personal injury law generally consists of tort law and the civil procedure for enforcing it. This article discusses how tort law depends upon state law.More...
 
Federal Tort Claims Act -- Scope of Employment
 
The Federal Tort Claims Act (FTCA) applies to claims for personal injury caused by the negligence of a federal government employee who is acting within the scope of his or her employment, under circumstances where a private person would be liable under state law. Therefore, in order for the FTCA to apply, the employee's negligence must occur within the scope of his or her employment. Generally, a federal government employee is acting within the scope of his or her employment if the employee is engaged in an authorized activity that serves a governmental purpose.More...
 
Negligent Misrepresentation
 
Society recognizes a standard of business ethics that demands that factual representations be made carefully and honestly. A "representation" may consist of words or conduct. If a person makes a misrepresentation to another in business, it may give rise to liability on his part, even if he did not know that he was making a misrepresentation.More...
 
Federal Laws Regarding Recreational boating accident
 
Federal law will apply to a recreational boating accident when a lawsuit is brought in a federal district court based upon the federal court's admiralty or diversity of citizenship jurisdiction. A federal court's admiralty jurisdiction exists when the accident occurred on the high seas or on navigable waters. The high seas are waters that are within the jurisdiction of another country. Navigable waters are waters that are used in interstate or foreign commerce. Diversity of citizenship jurisdiction exists when the parties to the lawsuit are from different states. More...
 
Liability for a Person's Suicide
 
Traditionally, courts refused to hold a person or entity liable for a person's suicide. Suicide was considered an illegal, deliberate and intentional act that broke the chain of causation between any negligent or intentional conduct and the suicide.More...
 
 
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