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Privatization has led to contractors performing historically-governmental duties. In cases where lawsuits involve the federal government as the primary defendant, the issue of who performed an act, a government employee or a contractor, is critical to determining the outcome of such litigation. The Federal Tort Claims Act (FTCA) is a limited waiver of the federal government’s immunity from being sued. However, if the offending act is performed by a contractor, a tort claim under FTCA may lie with the contractor, not the government.

FTCA and the Limits Of Sovereign Immunity