shaw bransford & roth case law update

Sixth Circuit Rules that Feds Can't Collect Twice

On July 10, 2017, the United States Court of Appeals for the Sixth Circuit ruled that because liability under the workers’ compensation scheme for federal employees, the Federal Employees’ Compensation Act (“FECA”) is “exclusive” of “all other liability of the United States” to the employee under tort liability statutes, the plaintiff could not recover under the Federal Tort Claims Act (“FTCA”) even when his “work-related injury [had] been allegedly negligently treated by an entirely non-work-related federal hospital.

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shaw bransford & roth case law update

Appeals Court Affirms Dismissal of COLA Dispute

After a $232,500,000 settlement agreement was executed in 2000 that also mandated that the United States Office of Personnel Management issue new regulations governing the Cost of Living Adjustment (“COLA”) program, plaintiff federal employees filed suit alleging that the government breached the settlement agreement and both the express and implied covenant of good faith and fair dealing.

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