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Can you sue the government?

post #1 of 8
Thread Starter 
I thought there were laws in place so people can not sue the government(or at least made it very hard to do so).

Now I hear people will still be able to "make claims" against GM even though they went through BK.

Can we assume this is only because it's taxpayer money? Once again taxpayers will be getting screwed.

http://www.nytimes.com/2009/06/28/bu...28gm.html?_r=1
post #2 of 8
I don't know why you wouldn't be able to sue the government.

When I worked for the now non-existant INS (Immigration and Naturalization Service) if was a very lucrative affair to sue the Department of Justice.

You see, the INS didn't want any black eyes from immigrant rights groups. So everytime a lawsuit came up, they would settle out of court.

It was always a morale killer but it was very lucrative for the immigrant rights groups who knew that the INS didn't want a black eye, so they would use their media contacts to make loads of money.
post #3 of 8
Quote:
Originally Posted by Bigcat View Post
I thought there were laws in place so people can not sue the government(or at least made it very hard to do so).

Now I hear people will still be able to "make claims" against GM even though they went through BK.

Can we assume this is only because it's taxpayer money? Once again taxpayers will be getting screwed.

http://www.nytimes.com/2009/06/28/bu...28gm.html?_r=1
You can not sue the federal government unless it waives its right of Sovreign Immunity. In some instances they have waived it but the interpretation is very strict. You are limited to suing for individual cause and only when standing has been upheld. For instance, if you get hit by a falling military jet, you can sue.

An individual can not sue for redress of a federal statute. For instance, when Social Security can not meet its obligations you will not be able to sue for recompense of what you paid in.


In the case of GM there may be a test of existing law because we have never had a fascistic corporation before. This is totally new ground with no legal history on its own. The federal givernment is Constitutionally barred from ownership of a for profit entity, yet they have defacto ownership of GM, GS, AIG etc.. And these entities still operate on a for profit basis. It will be interesting to see how the feds try to spin there actions in a court defense.





Good Luck
post #4 of 8
Even if you were to sue on an individual basis, did you know that a lawsuit can be dropped if the Government deems that it cannot submit a claim of evidence if it is in danger of revealing state secrets?
post #5 of 8
^ I may have not worded that right, but I'm sure you get the drift.
post #6 of 8
Quote:
Originally Posted by TNTrader View Post
You can not sue the federal government unless it waives its right of Sovreign Immunity. In some instances they have waived it but the interpretation is very strict. You are limited to suing for individual cause and only when standing has been upheld. For instance, if you get hit by a falling military jet, you can sue.

An individual can not sue for redress of a federal statute. For instance, when Social Security can not meet its obligations you will not be able to sue for recompense of what you paid in.


In the case of GM there may be a test of existing law because we have never had a fascistic corporation before. This is totally new ground with no legal history on its own. The federal givernment is Constitutionally barred from ownership of a for profit entity, yet they have defacto ownership of GM, GS, AIG etc.. And these entities still operate on a for profit basis. It will be interesting to see how the feds try to spin there actions in a court defense.

Good Luck
The alternate vehicle is civil war.

The child has good gun control - both hands.
Although that slide action is gonna hurt.

.
post #7 of 8
Quote:
Originally Posted by Baggi View Post
I don't know why you wouldn't be able to sue the government.

When I worked for the now non-existant INS (Immigration and Naturalization Service) if was a very lucrative affair to sue the Department of Justice.

You see, the INS didn't want any black eyes from immigrant rights groups. So everytime a lawsuit came up, they would settle out of court.

It was always a morale killer but it was very lucrative for the immigrant rights groups who knew that the INS didn't want a black eye, so they would use their media contacts to make loads of money.
They werent suing the INS or the Justice Dept. They were suing the officers, under the FTCA they can do that and name the agency as responsible party for the officers actions. This has become a favored tool of many for profit advocacy groups since the Feds will usually settle rather than defend the interests of the American people.






Good Luck
post #8 of 8
Quote:
Originally Posted by TNTrader View Post
They werent suing the INS or the Justice Dept. They were suing the officers, under the FTCA they can do that and name the agency as responsible party for the officers actions. This has become a favored tool of many for profit advocacy groups since the Feds will usually settle rather than defend the interests of the American people.






Good Luck



Edit: I just realized that looks like a piece of turd. It's a leech.
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