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SUMMARY OF OPINIONS ISSUED SEPTEMBER 1-15, 2003



CASE SUMMARIES:


Tri-State Hospital Supply Corporation v. United States (D.C. Cir. Sept. 2, 2003) (Henderson—Rogers and Silberman concurred separately)

Statutes/regulations construed: Federal Tort Claims Act (FTCA)

Conclusion: The FTCA “provides jurisdiction over an action to recover attorney’s fees qua damages against the United States for the torts of abuse of process and malicious prosecution under the FTCA if ‘the law of the place’ where the tort occurred so provides.”

Statutory construction tools:
• ”When the Congress wished . . . “:“In fact, expenditures for legal defense traditionally make up a major component of the damages recoverable for malicious prosecution and abuse of process. It is therefore unlikely that the Congress intended to foreclose such damages in actions against the government under the FTCA which expressly authorizes actions for malicious prosecution and abuse of process. When the Congress wished to except a class of damages from the FTC, it had no difficulty doing so specifically and unambiguously.” (citations omitted).
• Include/omit:“First, the FTCA expressly precludes the recovery of prejudgment interest and punitive damages only. The inclusion of this provision suggests that other categories of damages should not be precluded.” (citation omitted).

I was on vacation in Argentina (Buenos Aires and Mendoza) from August 24-September 5. I was fortunate to get a wonderful tour of Argentina's Supreme Court (the Corte Suprema de Justicia de la Nacion). This is an eventful time for their Supreme Court. One of the members of the court (Eduardo Moline O'Connor--no relation) is undergoing impeachment proceedings. In addition, the court has to decide whether revoking the amnesty law--which protects those who committed atrocities during the "dirty war" (1976-83)--is constitutional.

Here are some pictures from my tour.



Outside the building of Argentina's Supreme Court.





The entry hall.





The courtroom.





Portraits of former "Ministers" of the Supreme Court, and a small statute of the ubiquitous San Martin.





The conference room.





What they discuss in the conference room.



To read about Argentina's legal system, click here.