My question involves Federal Court procedures for the state of: Miss. Dealing with an Federal Tort Claims Act claim.
If a case that was originally dismissed per FRCP 12(b)1 were to be re-filled in Federal Court would an amended notice of claim be required. A new claim based on new facts not available at the time of the original filing in State Circuit Court when the original suit was dismissed after being certified by US Atty. to Federal Court and dismissed for lack of subject matter jurisdiction. The new claim would fall under the Miss. Savings Statute, and Federal Savings Statute, which allows a party to re-file a claim or suit if the original claim were filed in the wrong venue. In this case the claim was entered as a State Commin Law Tort Claim against two military personnel, or Federal Employees turns out. The proper venue would have been an FTCA Claim, therefore in Federal District Court. A notice of claim was served to the US Atty and the gov't. agency before the the first suit was filed after no administrative remedy was offered. Still yet has there been an administrative remedy offered, and according to FTCA regulations, after six months with no response from the gov't agency, a party has technically " exhausted " their administrative avenues of a remedy. The sum certain requirement on the notice of claim is difficult to specify, because the amount of damages remains to accrue. The FERES Doctrine typically bars any suit that mentions Military, but the actions by the defendants took place after the plaintiff's discharge, and were not incidental to the plaintiff's service which fall under the SCOTUS ruling of US vs. Brown.
Basically, should a new or amended notice of claim be served upon a gov't agency when a suit is re-filed in the proper jurisdiction and venue per the Miss. Saving Statute and Federal Savings Statute?
If a case that was originally dismissed per FRCP 12(b)1 were to be re-filled in Federal Court would an amended notice of claim be required. A new claim based on new facts not available at the time of the original filing in State Circuit Court when the original suit was dismissed after being certified by US Atty. to Federal Court and dismissed for lack of subject matter jurisdiction. The new claim would fall under the Miss. Savings Statute, and Federal Savings Statute, which allows a party to re-file a claim or suit if the original claim were filed in the wrong venue. In this case the claim was entered as a State Commin Law Tort Claim against two military personnel, or Federal Employees turns out. The proper venue would have been an FTCA Claim, therefore in Federal District Court. A notice of claim was served to the US Atty and the gov't. agency before the the first suit was filed after no administrative remedy was offered. Still yet has there been an administrative remedy offered, and according to FTCA regulations, after six months with no response from the gov't agency, a party has technically " exhausted " their administrative avenues of a remedy. The sum certain requirement on the notice of claim is difficult to specify, because the amount of damages remains to accrue. The FERES Doctrine typically bars any suit that mentions Military, but the actions by the defendants took place after the plaintiff's discharge, and were not incidental to the plaintiff's service which fall under the SCOTUS ruling of US vs. Brown.
Basically, should a new or amended notice of claim be served upon a gov't agency when a suit is re-filed in the proper jurisdiction and venue per the Miss. Saving Statute and Federal Savings Statute?
Jurisdiction and Venue: Should You Amend an Original Notice of Claim if the Case is Refiled in Another Venue
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