Search for: "Matter of Westfall"
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28 Sep 2022, 4:00 am
However, to be eligible to come with the ambit of the Westfall Act the Employee must prove two things:"(1) That the Employee is a qualifying government official for purposes of the Westfall Act; and"2) That the tortious conduct in which the Employee was allegedly engaged was within the scope of the Employee's employment. [read post]
9 Apr 2022, 3:01 am
Originally published on Feb. 28, 2021; updated on Apr. 9, 2022. [read post]
3 Mar 2022, 6:51 am
Harris said the agency’s statutory mission matters, so it is impossible to group them together in a single answer. [read post]
12 Jan 2022, 12:56 pm
Because Trump was addressing the American people, Binnall argued, he was acting within his official duties as president and must enjoy immunity, especially since the subject of his speech, electoral integrity, is a matter of immense public concern. [read post]
8 Jun 2021, 10:16 am
Speaking to the public and the press on matters of public concern is undoubtedly part of an elected official's job. [read post]
3 Jun 2021, 12:01 pm
” Trump cites the case to underscore the Supreme Court’s position that speech on issues of public matters sits at the “highest rung of the hierarchy of First Amendment values. [read post]
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]
9 Mar 2021, 7:36 am
While many readers might think that the highly visible indictment against Julian Assange for publishing government secrets is the most important of these holdover matters, it is only one of the hard cases that Garland will confront when he becomes attorney general. [read post]
13 Sep 2020, 10:35 am
So as a legal matter, under existing precedents on the Westfall Act, the Administration seems to be on firm ground here. [read post]
14 Aug 2019, 5:27 am
Because it only works for three groups of people: Westfalls, Hickmans and Kapnicks are the only ones getting money out of you guys. [read post]
13 Apr 2018, 7:42 am
Here is the first of those blog posts, this one written by 3L Corey Westfall. [read post]
16 Feb 2018, 8:05 pm
Diversion Programs The criminal justice system, generally, has three ways to deal with crime: punish the criminal, deter future crimes, and rehabilitate the individual who committed the crime. [read post]
9 Jan 2018, 4:43 pm
[Matter of] Westfall, 808 S.W.2d [829] at 837 [1991]; In re Disciplinary Action Against Graham, 453 N.W.2d 313, 322 (Minn.), cert. denied, 498 U.S. 820 [111 S. [read post]
20 Jun 2017, 12:59 pm
See Westfall v. [read post]
21 May 2017, 10:41 am
To make matters worse, even when the government does escapes liability through exceptions to the FTCA, the injured party may be unable to pursue an alternative claim against the individual officer under state tort law. [read post]
4 May 2017, 8:34 am
Judge Huvelle dismissed all six claims for lack of subject matter jurisdiction. [read post]
9 Jan 2017, 2:37 pm
The Westfall Act as an analogy. [read post]
27 Dec 2016, 10:59 am
" No matter what the precise facts turn out to be, it seems certain that a terrible tragedy occurred. [read post]
9 Aug 2016, 11:04 am
To the extent that the complaint speaks to acts the Secretary Clinton took while in office, those should be dismissed under the Westfall Act, 28 USC 2769. [read post]
23 Feb 2016, 4:24 am
First, Judge Huvelle addressed Westfall immunity. [read post]
