a The Firm has been retained in this long-running litigation dating back to the origin of the Great Recession related to the failure of Washington Mutual Bank (WaMu). WaMu was the biggest bank failure in United States history. Roggio alleges that WaMu wrongfully destroyed his credit standing wi...
COVID-19 Negligence Cases Involving the Federal Government
The Madden Law Group represents federal employees who have been injured because of the Government's negligence in protecting them on the job from COVID-19, including wrongful-death actions.
We specialize in negligence cases against the Federal Government brought under the Federal Tort Claims Act (FTCA). FTCA claims must be filed in federal district court against the United States. FTCA representation requires an attorney with experience in suing the United States because of the exceptions to the waiver of sovereign immunity and because liability is based upon the tort law of the state where the incident occurred. Jerry Madden was a Senior Trial Counsel at the Department of Justice defending the United States against negligence cases and has handled the leading case on the discretionary-function exception to the waiver of sovereign immunity. He also has handled FTCA claims in multiple states and therefore has special expertise in the intricacies of state law throughout the United States.
Please contact us for a free consultation to see if we will represent you on a contingency basis.
Jerry Madden, "Supreme Court Nixes Another Federal Common Law Rule Favorable to FDIC," The Federal Lawyer Magazine (Sept/Oct 2020)
Since the S&L crisis of the late 1980s and early 1990s and the more recent Great Recession that began in earnest in September 2008, the Federal Deposit Insurance Corporation (FDIC), acting in its receivership capacity or as corporate liquidator, has resolved the affairs of thousands of insured ...
The Madden Law Group Opposes DOJ's and Special Counsel Mueller's Motions to Dismiss Defamation Suit Over Steele Dossier Footnote in the Mueller Report
On October 6, 2020, the Madden Law Group filed its brief in opposition to the Department of Justice's and Special Counsel Mueller's motions to dismiss a "defamation plus" suit related to the Steele Dossier. Plaintiff Giorgi Rtskhiladze alleges that Footnote 112, Volume II, of the Report on th...
The Madden Law Group PLLC Represents U.S. Citizen Defamed in Footnote 112, Vol. II, of the Mueller Report in Suit against Special Counsel Mueller and DOJ
On June 17, 2020, Giorgi Rtskhiladze sued Special Counsel Robert S. Mueller III and the U.S. Department of Justice for $100 million claiming that he was defamed in Footnote 112, Vol. II, of the Report on the Investigation into Russian Interference in the 2016 Presidential Election.
High Court Abrogates a 1985 Decision that Created a Catch-22 Possibility in Takings Cases Involving State Actors
Prior to the Supreme Court's decision in Knick v. Township of Scott, Pennsylvania, 139 S. Ct. 2162 (2019), where a state or local government took private property the takings remedy could be illusory.
The Atlanta FED President Bostic warned today that Payment Protection Act money provided by the Cares Act needs to be shoveled out to small businesses quickly even if there are fewer immediate controls. He urged that the payments be made immediately with careful audits to follow later to preve...
Mainstream economics holds that government spending is funded by taxes and debt issuance. MMT rejects this premise and argues that the primary risk once the economy reaches full employment is inflation, which can be addressed by raising and gathering taxes and issuing bonds to reduce the money...
One Need Not Wait until Criminal Charges Are Filed to Challenge the Constitutionality of a Federal Criminal Statute In Woodhull Freedom Foundation v. United States, ___ F.3d ___, 2020 WL 398625 (D.C. Cir. Jan. 24, 2020), a panel of the District of Columbia Circuit held that some plaintiff-appe...
Should I Be Concerned about the Money Deposited in My Bank If It Fails Because of the Crisis Caused by the Coronavirus (COVID-19)?
The Federal Deposit Insurance Corporation (FDIC) insures deposit accounts in every bank and thrift in the United States up to $250,000 per eligible account. Since FDIC was created in 1933 as part of Depression-Era legislation, no depositor has lost a penny on insured deposits through bank fail...
"The deluge of cash from policy makers worldwide is finally settling some nerves in the riskier reaches of the credit market." https://lnkd.in/dFkYUtk #economicdownturn #federalreserve #recession2020
"The Federal Reserve said it could pump $2.3 trillion into the economy through new and expanded programs it announced on Monday, ramping up efforts to help companies and state and local governments suffering financially amid the coronavirus." "The Fed's moves expand its emergency lending powers ...
We all know a global economic downturn is coming. The only questions are how bad it will be and how long it will last. https://www.bloomberg.com/news/articles/2020-04-08/a-brutal-march-for-trade-portends-depth-of-economic-pain-ahead
The Federal Tort Claims Act (FTCA) requires that a claimant give notice of a claim within two years of the act or omission. 28 U.S.C. § 2401(b). The issue presented in Censke was whether Censke gave timely notice when he mailed the claim before the two-year period expired but it was received by the Bureau of Prisons after the deadline.
The wisdom of the administrative state, which has its roots in the Progressive and New Deal Eras, is much debated today in all three branches of the federal government.
Originally Medicaid provided health care to four categories of people: (i) the disabled, (ii) the bling, (iii) the elderly, and (iv) needy families with dependent children. Id. at *1. In 2010, Congress expanded Medicaid to cover low-income people not previously covered. The states had the choice of whether to expand Medicaid to this new category of people covered. For those states that opt to cover low-income people not otherwise covered, they could deviate from those requirements if the Secretary of Health and Human Services (HHS) granted a waiver allowing the state to engage in “
DC Circuit holds that twenty-nine Senators and 186 Member of the House of Representatives lack Article III standing to maintain a suit seeking declaratory and injunctive relief against the President regarding his alleged violation of the Emoluments Clause the Constitution of the United States.
On January 17, 2020, the Ninth Circuit reversed the district court in Oregon's decision that plaintiffs' suit seeking a declaratory judgment and an injunction against the United States to force action on climate change could proceed.
District of Columbia Circuit Holds that Bivens Does Not Create a Damages Cause of Action for Violation of First Amendment Rights
DC Circuit Rules that Bivens Does Not Create a Damages Cause of Action for Violation of First Amendment Rights
DC Circuit Vacates a Panel Decision Refusing to Order the Appearance of Trump's Former White House Counsel before the Judiciary Committee
The D.C. Circuit vacated a decision by a three-judge panel holding that the House Judiciary Committee could not maintain a subpoena-enforcement action seeking to coerce the appearance of former White House Counsel Donald McGahn before the Committee as part of its impeachment investigation.
The House of Representatives Committed an Unforced Error in Failing to Allege a Crime in the Trump Articles of Impeachment
Given the clarity of the law on public fraud and extortion, I am at a loss to understand why the Articles of Impeachment did not include a count for Honest Services fraud and Hobbs Act extortion. The evidence presented by the House Managers in the Senate trial is at least consistent with these prohibitions.
D.C. Circuit Holds that the House of Representatives—in the Exercise of Its Impeachment Power—Lacks Standing to Compel the Appearance of Former White House Counsel before the Judiciary Committee
This decision lays bare the dilemma that arises when the Executive Branch refuses to cooperate with the House of Representatives in the exercise of the House’s constitutional power of impeachment.
In ancient Greece, speech was thought to be superior to writing. Socrates said that true knowledge and understanding is not served by writing because it leads to misunderstanding and cannot be questioned. He told Phaedrus to inform speechwriters and lawmakers: "that if their compositions are ba...
THE LOAN SYNDICATIONS AND TRADING ASSOCIATION V. SEC AND FEDERAL RESERVE, ___ F.3D ___, 2018 WL 798290 (D.C. CIR. FEB. 9, 2018)
In the Dodd Frank Act, Congress directed several federal agencies, including the Board of Governors of the Federal Reserve System (FRB) and the Securities and Exchange Commission (SEC), [i] to jointly promulgate a regulation that requires securitizers of asset-backed securities to retain at least...
A Weapon of Mass Destruction: CREDIT DEFAULT SWAPS BRING DOWN AIG AND LEHMAN BROTHERS
Fallout from the Great Recessions continues to work its way through the courts. The latest is Perry Capital LLC v. Mnuchin, No. 14-5243 (D.C. Cir.), a high-profile case in which shareholders of the Federal Home Loan Mortgage Corporation (Freddie Mac or Freddie) and Federal National Mortgage Assoc...