28 C.F.R. § 104.61

Limitation on civil actions

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(a) General. Section 405(c)(3)(C) of the Act provides that upon the submission of a claim under the Fund, the claimant waives the right to file a civil action (or be a party to an action) in any Federal or State court for damages sustained as a result of the terrorist-related aircraft crashes of September 11, 2001, or for damages arising from or related to debris removal, except that this limitation does not apply to recover collateral source obligations, or to a civil action against any person who is a knowing participant in any conspiracy to hijack any aircraft or commit any terrorist act. The Special Master shall take appropriate steps to inform potential claimants of section 405(c)(3)(C) of the Act.

(b) Pending actions. Claimants who have filed a civil action or who are a party to such an action as described in paragraph (a) of this section may not file a claim with the Special Master unless they withdraw from such action not later than January 2, 2012.

(c) Settled actions. In the case of an individual who settled a civil action described in Section 405(c)(3)(C) of the Act, such individual may not submit a claim under this title unless such action was commenced after December 22, 2003, and a release of all claims in such action was tendered prior to January 2, 2011.

Notes of Decisions

Cited in 8 cases (2 in the last 5 years), 2007–2025 · leading case: Markut v. Verizon New York Inc., 758 F.3d 202 (2d Cir. 2014).

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Markut v. Verizon New York Inc., 758 F.3d 202 (2d Cir. 2014). · cites it 2× “See 28 C.F.R. § 104.61 (b) (2011). B. The Proceedings Below 1.”

Marchand v. Marchand, 2007 NMCA 138 (N.M. Ct. App. 2007). “See 28 C.F.R. § 104.61 (explaining the limitations on civil actions).”

Brennan v. MacDonald, 2025 NY Slip Op 03994 (N.Y. App. Div. 2025). · cites it 2× “The VCF's implementing provisions note the waiver provision ( see 28 CFR 104.61[a]), stating, in part, "[s]ection 405(c)(3)(C) of the Act provides that upon the submission of a claim under the Fund, the claimant waives the right to file a civil action (or be a party to an…”

Marchand v. Marchand, 171 P.3d 309 (N.M. Ct. App. 2007). “See 28 C.F.R. § 104.61 (explaining the limitations on civil actions).”

In Re: World Trade Ctr. Lower Manhattan Disaster Site Litig. (2d Cir. 2014). · cites it 2× “See 28 C.F.R. § 104.61 (b) (2011). ‐5‐ IN RE: WORLD TRADE CTR.”

Wewe v. Mt. Sinai Hosp. (E.D.N.Y 2021). “” 28 C.F.R. § 104.61 . Both the VCF’s authorizing statute and the Zadroga Act explicitly prelude judicial review by stating that determinations by the VCF Special Master “shall be final and not subject to judicial review.”

In re World Trade Ctr. Disaster Site Litig., 879 F. Supp. 2d 396 (S.D.N.Y. 2012). “28 C.F.R. 104.61(b). . Transcript of October 18, 2011 Status Conf.”

— 28 C.F.R. § 104.61(b) — 1 case

In re World Trade Ctr. Disaster Site Litig., 879 F. Supp. 2d 396 (S.D.N.Y. 2012). “28 C.F.R. 104.61(b). . Transcript of October 18, 2011 Status Conf.”

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