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.