Annual Meeting 2008

ABA Urges Greater Rights for Members of Military

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Congress should abolish the U.S. Supreme Court-created exception to the Federal Torts Claims Act that prohibits members of the military from suing the federal government for tortious government conduct, according to a resolution passed by the ABA policy-making House of Delegates this morning.

The exception was created by the Supreme Court in 1950 in Feres v. United States, 340 U.S. 135. The House urged a continued exception for injuries related to combat and combat-related activities.

Congress should “include those who defend our freedoms on the field of battle among those who may recover for injuries incurred, at least for injuries unrelated to combatant or combatant-related activities or otherwise excluded from coverage under the act, such as claims that raise the discretionary function exception,” according to the report supporting Resolution 10B (PDF).

The resolution was passed by an overwhelming voice vote.

Annual Meeting 2008:

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