Assignment Of Responsibility

Assignment Of Responsibility-50
The compromise and closing authority exercised by the Assistant Attorney General and subordinate Civil Division officials is described in USAM 4-3.110 through 4-3.140. Four Staffs are responsible for the Torts Branch's litigative responsibilities as follows: Aviation and Admiralty Post Office Box 14271 Benjamin Franklin Station Washington, D. 20044-4271 (202) 616-4000 Constitutional and Specialized Torts Post Office Box 7146 Benjamin Franklin Station Washington, D. 20044 (202) 616-4140 Environmental Torts (formerly Environmental & Occupational Disease Litigation) Staff Post Office Box 340 Benjamin Franklin Station Washington, D. 20044 (202) 616-4200 FTCA Staff Post Office Box 888 Benjamin Franklin Station Washington, D. 20044 (202) 616-4400 NOTE: Federal Torts Claims Act matters pertaining to aviation or environmental issues are within the responsibilities of the Aviation and Admiralty and Environmental Torts staffs, respectively. Because of the transfer from the Criminal Division (48 Fed. 9522 (1983)) of certain litigation arising under the Immigration and Nationality Act, the Civil Division has established an Office of Immigration Litigation. The limitations of section 1(e) of the Directive (discussed below at USAM 4-3.130) also remain applicable in any case or claim delegated under section 4(b). 17456 (1995), and regardless of the amount in controversy, the following matters will normally not be delegated to the United States Attorney's for handling but will be personally or jointly handled or monitored by the appropriate branch or office within the Civil Division: In connection with the distribution of funds deposited in court, the United States Attorney may be asked to assist the court as amicus curiae. §§ 626 to 628, copies of the petition should be served on the United States Attorney, the Attorney General, and the United States Shipping Commissioner. Non-fraud claims should normally be reported to the affected administrative agency. Any tort claim arising from any USAO's employee's acts or omissions should be forwarded to EOUSA. In rare cases a statute may provide continuing settlement or other authority in the referring agency. [Updated March 2016] Agency counsel shall impose, monitor, and manage an appropriate litigation hold once litigation is reasonably anticipated. The specific matters assigned to each component, insofar as they may be significant to the United States Attorney's, are summarized in USAM 4-1.211 through 4-1.217. The Torts Branch also handles some contract matters in the environmental area. Pertinent statutes include the Federal Food, Drug and Cosmetic Act, Federal Trade Commission Act, the Disclosure of Automobile Information Act, the odometer requirements section of the Motor Vehicle Information and Costs Savings Act, the Consumer Credit Protection Act, and the Consumer Product Safety Act. All delegations pursuant to section 4(b) must be in writing, and no United States Attorney has authority to compromise or close any such delegated case or claim except as is specified in the required written delegation or in section 1(e) of the Directive (discussed below at USAM 4-3.120). In cases involving serious personal injuries, death, or major property damage, as to which a claim may possibly be asserted against the Department of Justice under the Federal Tort Claims Act, the responsible component should be notified as soon as possible after the accident and asked to cause an investigation to be commenced. Thus, it is the policy of the Department of Justice—in particular that of the United States Attorney’s Offices and the civil litigating components of the Department that defend the United States or its agencies, officials, or employees in subject litigation (referred to herein as “DOJ”)—that the involved agencies provide litigation support as outlined below.

The compromise and closing authority exercised by the Assistant Attorney General and subordinate Civil Division officials is described in USAM 4-3.110 through 4-3.140. Four Staffs are responsible for the Torts Branch's litigative responsibilities as follows: Aviation and Admiralty Post Office Box 14271 Benjamin Franklin Station Washington, D. 20044-4271 (202) 616-4000 Constitutional and Specialized Torts Post Office Box 7146 Benjamin Franklin Station Washington, D. 20044 (202) 616-4140 Environmental Torts (formerly Environmental & Occupational Disease Litigation) Staff Post Office Box 340 Benjamin Franklin Station Washington, D. 20044 (202) 616-4200 FTCA Staff Post Office Box 888 Benjamin Franklin Station Washington, D. 20044 (202) 616-4400 NOTE: Federal Torts Claims Act matters pertaining to aviation or environmental issues are within the responsibilities of the Aviation and Admiralty and Environmental Torts staffs, respectively. Because of the transfer from the Criminal Division (48 Fed. 9522 (1983)) of certain litigation arising under the Immigration and Nationality Act, the Civil Division has established an Office of Immigration Litigation. The limitations of section 1(e) of the Directive (discussed below at USAM 4-3.130) also remain applicable in any case or claim delegated under section 4(b). 17456 (1995), and regardless of the amount in controversy, the following matters will normally not be delegated to the United States Attorney's for handling but will be personally or jointly handled or monitored by the appropriate branch or office within the Civil Division: In connection with the distribution of funds deposited in court, the United States Attorney may be asked to assist the court as amicus curiae. §§ 626 to 628, copies of the petition should be served on the United States Attorney, the Attorney General, and the United States Shipping Commissioner. Non-fraud claims should normally be reported to the affected administrative agency. Any tort claim arising from any USAO's employee's acts or omissions should be forwarded to EOUSA. In rare cases a statute may provide continuing settlement or other authority in the referring agency. [Updated March 2016] Agency counsel shall impose, monitor, and manage an appropriate litigation hold once litigation is reasonably anticipated. The specific matters assigned to each component, insofar as they may be significant to the United States Attorney's, are summarized in USAM 4-1.211 through 4-1.217. The Torts Branch also handles some contract matters in the environmental area. Pertinent statutes include the Federal Food, Drug and Cosmetic Act, Federal Trade Commission Act, the Disclosure of Automobile Information Act, the odometer requirements section of the Motor Vehicle Information and Costs Savings Act, the Consumer Credit Protection Act, and the Consumer Product Safety Act. All delegations pursuant to section 4(b) must be in writing, and no United States Attorney has authority to compromise or close any such delegated case or claim except as is specified in the required written delegation or in section 1(e) of the Directive (discussed below at USAM 4-3.120). In cases involving serious personal injuries, death, or major property damage, as to which a claim may possibly be asserted against the Department of Justice under the Federal Tort Claims Act, the responsible component should be notified as soon as possible after the accident and asked to cause an investigation to be commenced. Thus, it is the policy of the Department of Justice—in particular that of the United States Attorney’s Offices and the civil litigating components of the Department that defend the United States or its agencies, officials, or employees in subject litigation (referred to herein as “DOJ”)—that the involved agencies provide litigation support as outlined below. See USAM 4-3.000 for additional authorities with respect to the Attorney General's inherent authority to compromise and close civil cases. The Branch handles cases involving national security and defense, personnel issues and discrimination claims, government information and privacy suits, housing and human services cases, and miscellaneous claims challenging other programmatic activities of agencies. Kanter, Deputy Director, (202) 305-1754 Assistant Director, Barbara C. The draft answer should be transmitted to DOJ in a manner that allows the assigned Assistant United States Attorney or Trial Attorney sufficient time to incorporate the agency draft into a final document for timely filing with the court. When requested by DOJ, agency counsel will provide copies of the documents identified in the initial disclosures.

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Counsel for other government agencies may not be heard in opposition. At the conclusion of the trial, the agency counsel shall consult with the Assistant United States Attorney or Trial Attorney about any post-trial proceedings and, in the case of an adverse judgment, provide the agency’s appeal recommendation. Where they involve amounts coming within the United States Attorneys' authority, the referrals should be made by the agencies directly to the National Central Intake Facility.

Except as otherwise authorized by law, only attorneys of the Department of Justice under the supervision of the Attorney General may represent the United States or its agencies or officers in litigation. When required by any court or by the DOJ, an agency representative shall be available to attend the trial.

Nor, in the absence of statutes to the contrary, may any suit be brought on behalf of the United States except by the Attorney General or an attorney under his/her superintendence. Additionally, if requested, agency counsel may review and make timely comments on any briefs to be filed.

The agency shall provide its position on potential settlement, and attend settlement or mediation conferences if requested.

Agency counsel shall participate in the trial preparation as needed.

[new March 2016] If the litigation proceeds to trial, agency counsel is responsible for coordinating the appearance and travel, if necessary, of agency witnesses.

Although the Civil Division does not monitor the conduct of delegated cases and, with the exceptions set forth below, is not to be advised of litigation events in such cases, the Civil Division stands ready to advise and assist on these cases.

273, 279 (1888) (Attorney General "undoubtedly the officer who has charge of the institution and conduct of the pleas of the United States, and of the litigation which is necessary to establish the rights of the government"); 282 U. The Civil Division will communicate with client agencies to effect changes, clarification or consistency in policies, endeavor to make available the latest precedents which may not otherwise be available, attempt to assure reasonable uniformity of positions and procedures among United States Attorney's, advise whether particular cases should be used to test new propositions, and make available expertise developed in certain specialties over the years.

and no counsel or attorney fees shall hereafter be allowed to any person ... In particular, all money and property collected for the government should be reported.

The initial motivation for this legislation was the desire to centralize the conduct and supervision of all litigation in which the government was involved, as well as to eliminate the need for highly-paid outside counsel when government-trained attorneys could perform the same function. Therefore, inquiries directed to the Division on these cases should be accompanied with sufficient background, copies of pleadings, and briefs, to permit an informed appraisal of the nature and posture of the case and the problem.

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