Split 5th Circuit Affirms FTCA Liability, Orders Damages And Fee Correction

( November 11, 2026, 7:58 AM EST) -- NEW ORLEANS — A split panel of the Fifth Circuit U.S. Court of Appeals affirmed a lower court’s finding that the United States is liable under the Federal Tort Claims Act (FTCA) for a hostage’s fatal shooting by a federal agent during an unsuccessful rescue operation but ordered restoration of the original $1,915,000 damages award, with attorney fees limited to 25% of that recovery, finding that the lower court erred by increasing the damage award to accommodate attorney fees....