Damages Suits against the United States:
- Federal Tort Claims Act--Suits for tort damages against the United States based upon the negligence of a federal employee(s).
- Tucker Act--Suits in the U.S. Court of Federal Claims for breach of contract or compensation for the taking of property under the Fifth Amendment.
Jerry Madden was a senior trial and appellate lawyer at the Department of Justice for fourteen years. For five-and-a-half of those years, he was first-chair trial and appeals counsel for the United States in numerous cases, including a landmark Supreme Court case defining the scope of the discretionary-function exception to the FTCA's limited waiver of sovereign immunity.
For eight plus of his fourteen years at DOJ, Mr. Madden was a senior trial and appellate counsel for the United States in a series of high-profile suits brought by financial institutions seeking hundreds of millions of dollars in damages for breach of contract under the Tucker Act in the U.S. Court of Federal Claims and the U.S. Circuit Court of Appeals for the Federal Circuit. He took the lead in obtaining a decision in the Federal Circuit nullifying a $430 million judgment for a bank because of the fraud of its chairman and chief-executive officer. He is eminently qualified to represent you in these courts.