Latest & Greatest: Litigation with the Federal Government

By Gregory C. Sisk  Published by West Academic Publishing  KF 9065 .L472 2016

By Gregory C. Sisk

Published by West Academic Publishing

KF 9065 .L472 2016

It is relatively common knowledge in the legal community that the Federal Government is a party to every federal criminal case. Yet few are aware that the Government is a party in nearly 20 percent of all civil cases filed in the federal courts. In these matters come the special rules surrounding sovereign immunity and the waiver of that immunity. In his book, Litigation with the Federal Government, author Gregory C. Sisk seeks to explain the concept of sovereign immunity and provide a summary of the various statutory waivers of sovereign immunity, both specific and general. He discusses, in some detail, the requirements needed to bring suit under the Federal Torts Claim Act and both the standards for and exceptions to liability under the statute. Other statutes include Suits in Admiralty Act, Title VII of the Civil Rights Act of 1964, and the Social Security Act, to name a few. Sisk also devotes some discussion to claims against federal officers and employees, including those seeking money damages and those looking to compel the officer or employee to perform a specific duty. The author also addresses the notion of equitable estoppel in the instance when the Federal Government is bound by the unauthorized representations by its employees. Lastly, the author discusses the Federal Government’s power to sue as a plaintiff.

Note that this book is part of the Hornbook Series, a set of one-volume treatises designed as study aids that simplify a legal topic by providing a summary or overview of the topic. They are good resources for those who want to understand more about a legal subject without having to sort through complex cases as well as for those who are representing themselves.