Legal Challenges & Analysis
THE FERES DOCTRINE: CONGRESS, COURTS, AND SERVICEMEMBER LAWSUITS AGAINST THE UNITED STATES
The Supreme Court’s 1950 decision in Feres v. United States generally bars active-duty servicemembers from pursuing tort lawsuits against the United States for injuries that arise out of military service.
AT WAR WITH THE FERES: DOCTRINE THE CARMELO RODRIGUEZ MILITARY MED ACCOUNTABILITY ACT
“The Carmelo Rodriguez Military Medical Accountability Act of 2009 (Rodriguez Act) proposes to allow members of the military to recover for medical and dental malpractice lawsuits against the government for non-combat related injuries or deaths.”
BROWN V. UNITED STATES
Jonathan BROWN, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee. No. 97-1864. Decided: August 04, 1998
FERES V. UNITED STATES
United States Supreme Court FERES v. UNITED STATES(1950). Argued: October 12, 1950. Decided: December 4, 1950.
UNFAIR FERES DOCTRINE BARS WRONGFUL DEATH SUIT FOR SOLDIER’S BABY
“We can think of no other judicially-created doctrine which has been criticized so stridently, by so many jurists, for so long,” wrote Judge Nguyen of the 9th Circuit Court of Appeals in the case,
SERVICEMEMBERS’ RIGHTS UNDER THE FERES DOCTRINE: RETHINKING INCIDENT TO SERVICE ANALYSIS
Thomas M. Gallagher
Injured servicemembers are subject to diverse interpretations of this language, wherever they may serve. This inconsistency has resulted in incongruous and often inequitable results