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Donald Trump is not alone when it comes to torts.
What is the overlap between an alleged rape of Donald Trump and the death of Kobe Bryant?
For those who respond to the Federal Tort Claims Act, congratulations, you can work for the United States Attorney General, William Barr.
This week, the Justice Department is in court seeking to replace the United States as the defendant in a defamation lawsuit brought by writer E. Jean Carroll over Donald Trump’s denial of sexually assaulting her in the 1990s. DOJ seeks to exploit the FTCA, which provides the exclusive remedy when nationwide employees acting within the scope of their duties incur grievances. What makes the Justice Department’s decision so remarkable is the unusual argument that when the nation’s leader addresses “matters relating to his fitness for office,” that is an official act.
But that’s not the only notable invocation of the FTCA this week.
Although this has not received much attention, the United States also wants to replace itself (albeit briefly) as a defendant in the legal dispute over the death of Kobe Bryant. How is that?
As most know, the NBA superstar died last January in a helicopter crash. The following month, his widow Vanessa Bryant filed a wrongful death lawsuit in Los Angeles County Superior Court against the helicopter operator.
Then, in August, that helicopter company filed a counterclaim against FAA air traffic controllers Kyle Larsen and Matthew Conley for their alleged negligence in denying a follow-up flight during the fateful day. Given the way FAA flight traffic controllers work for the federal government, that gives the Justice Department a chance to intervene.
And so it did, moving the case to federal court only to argue Monday that the Central District of California lacks jurisdiction. And because the FTCA prohibits declaratory relief claims, the Department of Justice seeks partial or full dismissal of a lawsuit demanding compensation. Here is the motion for dismissal.
All day work for 28 USC § 2679 in the Trump Administration.
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