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Wednesday, February 20, 2013

Ind. Decisions - 7th Circuit decides one Indiana case today

In Columbus Regional Hospital v. FEMA (SD Ind., Barker), a 13-page opinion, Chief Judge Easterbrook writes:

After a flood on June 6, 2008, in southern Indiana, the President authorized the Federal Emergency Management Agency to provide disaster relief. The Stafford Act, 42 U.S.C. §§ 5121–5207, establishes the terms on which financial aid is available. Columbus Regional Hospital was awarded approximately $70 million. It contends in this suit that it is entitled to about $20 million more. The district judge thought not and granted FEMA’s motion for summary judgment. * * *

[T]he district court dismissed the FTCA theory because the Hospital had yet to make a proper administrative claim, which is essential before suit can be filed. See McNeil v. United States, 508 U.S. 106 (1993). The Hospital tells us that it now has pursued its administrative remedies and filed a second suit under the FTCA. We expect it to be met with a defense of claim preclusion (res judicata) as well as the observation that the suit is substantively feeble, but we leave that to the court where the FTCA litigation is pending.

Posted by Marcia Oddi on February 20, 2013 12:20 PM
Posted to Ind. (7th Cir.) Decisions