The Battle over Combat: A Practical Application of the Combatant Activities Exception to the Federal Tort Claims Act

Authors

Michael Kutner

Document Type

Note

Abstract

(Excerpt)

Under both circuits’ interpretations, the government may be shielded from liability for injuries resulting from activities that could have been more safely performed without compromising national defense. This Note takes the position that in light of the inadequacies of both the Ninth and D.C. Circuits’ interpretations of the combatant activities exception, a new approach is needed that will strike an appropriate balance between the government’s interest in defending the nation unencumbered by the threat of tort liability and the rights of injured parties to recover.