Constitutional and Specialized Tort Litigation (CSTL) is divided into three separate areas.  Constitutional Tort attorneys represent federal employees in their individual capacity for alleged violations of the Constitution, common law, and/or statutory provisions.  Vaccine Litigation attorneys defend cases brought under the National Childhood Vaccine Injury Act of 1986.  The Radiation Exposure Compensation Act (RECA) Program offers monetary compensation to claimants who contracted certain cancers and other serious diseases as a result of their exposure to radiation under circumstances outlined by Congress.

Examples of our Practice

Constitutional Torts

In the landmark decision of Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971), the Supreme Court announced that federal employees can be sued personally for money damages for the alleged violation of Constitutional rights stemming from official acts.  Federal employees can also be subjected to individual liability on claims based upon state common law, statutory provisions and even professional licensing matters.  Constitutional Tort attorneys are the principal point of contact for issues relating to the representation of federal employees, and directly provide or monitor representation of federal employees in these cases.

Constitutional Tort attorneys represent clients from a wide variety of agencies and subject matters.  For example, cases involve clients employed by the Federal Bureau of Investigation, and the Department of Homeland Security against claims alleging religious bias in anti‑terrorism operations undertaken after the September 11 attacks, civil suits brought against Department of Defense and military personnel by detainees at Guantanamo Bay, and other high profile matters.  Attorneys also defend personal‑liability claims challenging policy decisions made by high ranking government officials in areas as diverse as the conduct of foreign policy, the operation of the space program and the enforcement of arms embargos.

Vaccine Litigation

Under the National Childhood Vaccine Injury Act of 1986, persons injured by the receipt of certain vaccines may recover compensation from the U.S. Government by filing a petition in the U.S. Court of Federal Claims.  As an alternative to traditional tort mechanisms, the act established a "no‑fault," fast paced, streamlined litigation alternative where the only issues are medical causation and damages.  Vaccine Litigation attorneys defend these cases that often involve trials lasting a day or two, and may include complicated factual and medical issues.  Many of the cases reflect questions of health policy debated in the national arena, such as recently voiced concerns with respect to autism.

Radiation Exposure Compensation Act Program

On October 5, 1990, Congress passed the Radiation Exposure Compensation Act (RECA).  The Act offers an apology and monetary compensation to individuals who contracted certain cancers and other serious diseases as a result of their exposure to radiation released during above‑ground atmospheric nuclear weapons tests and as a result of their occupational exposure while employed in underground uranium mines during the build‑up to the Cold War.  The RECA Program has, to date, awarded over $1 billion and processed tens of thousands of claims.