|
Copies of all compromise memoranda should be forwarded to the appropriate Torts Branch staff. addresses are provided in USAM 4-5.300, 400, 500, and 600. 4-5.220 Torts Branch Procedures -- Substantive Considerations in FTCA Litigation
The Assistant United States Attorney assigned to a tort suit is expected to assume full responsibility for preparation of an aggressive, professional defense to the suit, unless the suit is one assigned to be handled directly by a component of the Torts Branch. The initial letter from the Torts Branch will request the agency to forward a litigation report to the Assistant United States Attorney. This litigation report will be the starting point for development of the facts and legal position to be taken in the litigation. However, the Assistant United States Attorney is responsible for ensuring that each reasonable legal and factual defense is pursued regardless of whether the agency litigation report identifies the defense. The Torts Branch Monographs and, particularly the FTCA Staff's Monograph "Checklist of FTCA Defenses," provide assistance.
|