'State-Law Duty' Required: 11th Circuit Rules Sovereign Immunity Overrides Federal Tort Claims Act Waiver | Daily Report - Law.com

What You Need to Know

• Federal appellate decision protects sovereign immunity against Federal Tort Claims Act waiver.
• 11th Circuit dismissed liability suit against U.S. Postal Service citing plaintiffs' failure to identify state-law duty violation.
• Establishing state-law duty requires plaintiff to plausibly allege that a private person would be liable for the same act or omission under state law.

source: https://www.law.com/dailyreportonline/2021/09/29/state-law-duty-required-11th-circuit-rules-sovereign-immunity-overrides-federal-tort-claims-act-waiver/

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