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26 May 2021, 6:30 am
Common law damages suits against federal officers are said to have remained routinely available until after Bivens was decided when, in the 1988 Westfall Act, Congress barred state-law tort suits against federal officers acting within the scope of their employment.Through case studies of litigation against federal officers involved in customs enforcement and maritime seizures, this Essay qualifies and revises these claims. [read post]
12 Apr 2014, 8:37 pm
He was, indeed, a member of the last great generation, together with his friends and colleagues Mark Howe, Philip Areeda and David Westfall. [read post]
10 Jun 2008, 3:37 pm
The meeting will also be broadcast via satellite to the Rochester, New York area at the Finger Lakes Developmental Disabilities Services office, 620 Westfall Road, Rochester, NY and in New York City at the Developmental Disabilities Regional Office located at 75 Morton Street. [read post]
14 Feb 2012, 12:22 pm
Circleville and Westfall High Schools in Ohio Kirksville High School in Missouri Patterson Mill Middle/High School in Baltimore Pleasonton School District in California. [read post]
22 Nov 2011, 4:44 pm
They include David Johnson, former CEO; Brett Green, former executive vice president in charges of sales and lending; Lou Weir, former board chair; and former board members Rod Parr, Larry Westfall, Richard Christopherson, Donald Cox Jr., Jim Lamb, Brian McLellan and Donald Tucker. [read post]
30 May 2023, 8:55 am
Nor does the Westfall Act. [read post]
24 Oct 2006, 7:05 am
First, there were two corporate entities of foreign parentage: Odfjell Westfal-Larsen (U.S.A.), Inc. [read post]
23 Apr 2012, 12:46 am
More significantly, it conflicts with congressional intent as expressed in the Westfall Act, which codified the Bivens remedy in 1988, by conflating two distinct questions: whether a suit requires the courts to extend Bivens jurisprudence to a new context and whether, assuming an extension is necessary, such an extension is warranted. [read post]
13 Feb 2017, 9:38 am
His new execution date is May 16, according to an order signed by state District Judge Mollee Westfall, who presides over the 371st District Court in Tarrant County. [read post]
18 Apr 2007, 5:30 am
"Historically, when the state needs to balance the budget, they do it through the public defender's office," said Commissioner Bill Theisen.The state has allocated a flat $30 million for the next two years for county defenders' offices statewide, but the local cost of the office keeps increasing because more people are qualifying to have a public defender and the office has to divide the money up over finite resources, said Mike Westfall, Athens County public defender. … [read post]
28 Dec 2016, 8:48 am
As my friend Andrew Kent notes in his characteristically interesting post on the top-side briefing in Hernández v. [read post]
15 Jul 2013, 1:15 pm
§ 1350, are not subject to substitution under the Westfall Act, id. [read post]
23 Jan 2007, 10:00 am
The Westfall Act, 28 U.S.C. [read post]
27 Jun 2013, 8:30 am
Alternatively, sovereign immunity applies to Plaintiff’s nonconstitutional claims, as the Westfall Act provides that the United States is the proper defendant for these claims and the Government has not waived sovereign immunity here. [read post]
23 Feb 2011, 5:49 am
., 508 F.3d 181, n. 10 (4th Cir. 2007) (discussing the possibility that the FLSA conflicted with and preempted claims under North Carolina common law, and noting that "[t]here is no question that express preemption and field preemption are inapposite to this dispute") and Westfall v. [read post]
5 Feb 2021, 1:10 pm
” Tarrant County District Judge Mollee Westfall and Edinburg Child Protection Court Judge Carlos Villalon are the judiciary’s top users of Zoom, hosting the most online hearings during the past year. [read post]
18 Jun 2015, 6:03 am
Industries Sales Gana LLP Files Complaint on Behalf of Five Customers Against JP Turner and National Securities Concerning Ralph Calabro’s Churning National Planning Corporation Broker Matthew Westfall Sanctioned Over Outside Business Activities and Non-Traded REIT Sales FINRA Files Complaint Against Jamie Diaz Concerning Soliciting Clients for Investments in Nuela Restaurant, Nordica Development, and Marca Restaurant FINRA alleged that while soliciting potential investors for the two… [read post]
5 May 2015, 11:50 am
I have, in various contexts (including prior Lawfare posts), made a similar argument: That Congress ought to enact an express cause of action for constitutional violations by federal officers, and, borrowing from the Westfall Act for non-constitutional torts, it should substitute the federal government as the proper defendant in any case in which the violation occurred in the course of the relevant federal officer’s employment. [read post]
27 Jun 2013, 8:30 am
Alternatively, sovereign immunity applies to Plaintiff’s nonconstitutional claims, as the Westfall Act provides that the United States is the proper defendant for these claims and the Government has not waived sovereign immunity here. [read post]
24 Mar 2015, 5:00 am
Kameen addressed Motion for Summary Judgments filed by each party in a case arising out of a fatal fire at the Mill Rift Inn in Westfall Township, Pike County, Pennsylvania. [read post]
