Regardless: a) The notice of claim is required by law for them to file if they want to sue the federal government. b) the Army has six months to respond. c) after six months, the lawyers will be poised to file a lawsuit. The Army may respond. The Army may not respond. If it goes to court, it is completely within their right to sue. Whether there are merits to the lawsuit or not, would be determined at that time *if* it makes it to court. This is far less of a frivolous lawsuit than MOST lawsuits we see in the news. In this case, people died. Were the procedures followed by the people who had SOME POTENTIAL measure of responsibility for him appropriate? Sufficient? Is there culpability? Should changes be made or have been made to procedures to catch this type of situation? Whatever the case, it is perfectly within their right to sue. They may lose. The Army may settle to avoid opening up their people to being examined in court. It may make it to court. They may win. But I wouldn’t call them fools for doing this. Even if on paper it seems as if the Army did everything right and absolutely none of it is their responsibility – it isn’t a waste of time or resources to go through things as carefully as possible TO BE CERTAIN that is the case in an environment conducive to discovery.

Regardless:
a) The notice of claim is required by law for them to file if they want to sue the federal government.
b) the Army has six months to respond.
c) after six months, the lawyers will be poised to file a lawsuit.
The Army may respond.
The Army may not respond.
If it goes to court, it is completely within their right to sue.
Whether there are merits to the lawsuit or not, would be determined at that time *if* it makes it to court.
This is far less of a frivolous lawsuit than MOST lawsuits we see in the news. In this case, people died. Were the procedures followed by the people who had SOME POTENTIAL measure of responsibility for him appropriate? Sufficient? Is there culpability?
Should changes be made or have been made to procedures to catch this type of situation?
Whatever the case, it is perfectly within their right to sue. They may lose. The Army may settle to avoid opening up their people to being examined in court. It may make it to court. They may win.
But I wouldn’t call them fools for doing this. Even if on paper it seems as if the Army did everything right and absolutely none of it is their responsibility – it isn’t a waste of time or resources to go through things as carefully as possible TO BE CERTAIN that is the case in an environment conducive to discovery.

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