Assignment Of Responsibilities Solving Kinematics Problems
The compromise and closing authority exercised by the Assistant Attorney General and subordinate Civil Division officials is described in JM 4-3.110 through 4-3.120. Four Staffs are responsible for the Torts Branch's litigative responsibilities as follows: Aviation and Admiralty Constitutional and Specialized Torts Environmental Torts Staff FTCA Staff A helpful source for contact information for supervisors within each Area of the Torts Branch can be found in the routinely updated internal compendium “Expertise in the Civil Division.” 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. § 0.172, presently details this redelegation of authority to United States Attorneys, 80 Fed. Where authority for direct handling has been redelegated to the United States Attorneys, they are generally authorized to take all necessary steps to protect the interests of the United States without prior approval of the Assistant Attorney General, Civil Division, or his/her representative ( Directive 1-15§§ 1(e) 4(a) and 4(b)), except as may otherwise be specified in a redelegation letter or as provided in Directive 1-15, §§ 4(a) and 4(b). It is the responsibility of agency counsel, in consultation with DOJ, to (1) provide written notice to all agency employees (and contractors, if necessary) who are likely to have documents or electronically stored information (ESI) relevant to any potential claim or defense of their obligation to preserve such documents and information, (2) obtain certification from every such employee (or contractor) that he or she understands these obligations and will comply, and (3) coordinate with the agency’s information technology personnel in instituting and maintaining the litigation hold.
The specific matters assigned to each component, insofar as they may be significant to the United States Attorneys, are summarized in JM 4-1.211 through 4-1.217. The Torts Branch also handles some contract matters in the environmental area. [updated April 2018] Upon service of the complaint, the agency shall confirm that an appropriate litigation hold was implemented or, only after consultation with DOJ, make a determination that the specific case does not require a litigation hold.
In order to do that, the other party to the contract must be properly notified.
The litigation not handled by United States Attorneys is assigned primarily to components within the Civil Division, subject to the supervision and direction of the Assistant Attorney General. [Updated April 2018] Agency counsel shall impose, monitor, and manage an appropriate litigation hold once litigation is reasonably anticipated.
How an assignment of contract plays out depends on many factors, especially the language of the contract.
Some contracts may contain a clause prohibiting assignment; other contracts may require the other party to consent to the assignment.
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. 3359, and cases arising under the enforcement reforms of the Illegal Immigration Reform and Immigrant Responsibility Act, Pub. Information for use in asserting the government's claim will be provided by the United States Shipping Commissioner attached to the Coast Guard at the locale. United States Attorneys may execute requests for evidence on a voluntary basis or may need to compel the evidence. [updated April 2018] United States Attorneys are requested to report any infringement of, or dereliction with respect to, the property or other interest of the United States warranting the institution of civil proceedings, when such matters have not been referred for handling. With respect to information, documents, and discoverable things within the legal possession, custody, or control of the agency, it remains the obligation of agency counsel, in consultation with DOJ, to conduct the inquiry required by Fed. DOJ will take the agency’s position into consideration in making the final determination regarding which privileges, if any, will be asserted. In such circumstances, agency counsel should seek guidance from DOJ.
Counsel for other government agencies may not be heard in opposition to the United States. This includes litigation against Cabinet officers and agencies under the Administrative Procedure Act, and institution of affirmative suits to enforce federal laws or regulations or to impose civil penalties. [updated April 2018] Pursuant to section 4(b) of the Civil Directive No. In the case of petitions for the return of funds of deceased or deserting sailors pursuant to 46 U. In such cases, the United States Attorney should appear as attorney for the United States as another claimant to the funds. United States Attorneys should not attempt to execute foreign evidence requests in civil cases without first contacting the Office of International Judicial Assistance. As with civil requests, United States Attorneys should not attempt to execute foreign requests for judicial assistance in criminal cases without obtaining the approval of the Office of International Affairs. Unless DOJ indicates otherwise, the litigation report should include all the information necessary for the "initial disclosures" required by Fed. [updated April 2018] Agency counsel has primary responsibility throughout the course of the litigation to investigate the facts, draft responses to interrogatories, provide written responses to requests for admissions, and provide draft written responses to requests for production of documents, and if appropriate, provide information that may limit the scope of discovery permitted against the agency on proportionality grounds. DOJ will make legal objections; negotiate protective orders, claw-back agreements, and Fed. The agency shall timely provide all documents responsive to any discovery request, including any privileged documents, along with all information required to show the applicability of any privilege it suggests should be asserted. There can be more than one agency representative for these purposes, depending on the circumstances.