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12 Jan 2022, 12:56 pm
The question of the scope of official duties was also at the center of Brooks’ claim that he should be immune from liability under the Westfall Act, which requires the government to act as the defendant when federal employees are sued for tort liability for official actions. [read post]
29 Jul 2021, 9:03 pm
Representative Mo Brooks (R-Ala.) was acting as a private individual—rather than in his official capacity—when he addressed Trump supporters at a “Stop the Steal” rally in Washington, D.C. in January 2021, and he therefore does not qualify for legal protection under the Westfall Act, which provides immunity for federal employees for job-related conduct. [read post]
21 Jun 2021, 1:04 pm
In Westfall v. [read post]
8 Jun 2021, 10:16 am
At that point, Attorney General Barr intervened, removed the case to federal court, and invoked the Westfall Act. [read post]
3 Jun 2021, 12:01 pm
” The importance of immunity for official acts of the president, and executive branch officials, is further reflected in the Westfall Act, a statutory tort immunity for federal employees, which Trump argues also bars the suit on the grounds that the “allegations arose out of his allegations of political speech, clearly within the scope of his employment. [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]
11 Apr 2021, 5:54 am
Nizam Peerwani, a judge has ruled.In a 51-page finding, Tarrant County District Court Judge Mollee Westfall said Peerwani made “false, inaccurate or misleading” statements in at least 10 crucial elements of the prosecution case.The timing of the judge's ruling is remarkable because Peerwani recently placed his longtime former top deputy, Dr. [read post]
18 Mar 2021, 12:19 pm
Moschetti’s lawsuit also alleges “she and Westfall were ‘interrogated’ by members of Gov. [read post]
9 Mar 2021, 7:36 am
When President Biden announced the nomination of Merrick Garland as the next attorney general, Biden criticized incendiary rhetoric against the press as contributing to the Jan. 6 assault on the U.S. [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 Dec 2020, 3:09 pm
He feels really badly for the family of the deceased,” Westfall said. [read post]
4 Dec 2020, 4:50 pm
In the course of the proceedings, the Attorney General of the US certified the removal of the case from state court to federal court on the basis that the US was substituting itself for the President as a defendant under the Westfall Act. [read post]
27 Oct 2020, 2:21 pm
Furthermore, under the Westfall Act, government employees acting under their official scope of employment have absolute immunity from tort lawsuits. [read post]
17 Sep 2020, 1:16 am
The Volokh Conspiracy Blog has a piece dealing with the relevant legislation, the Westfall Act, and its application in other cases. [read post]
15 Sep 2020, 3:56 pm
Exclusiveness of remedy (Westfall Act) 28 U.S. [read post]
13 Sep 2020, 10:35 am
Well, it looks like they can, under a little-known statute called the Westfall Act. [read post]
27 Feb 2020, 6:48 am
There is some debate about whether that difficulty is attributable to Congress's 1984 enactment of the Westfall Act, various judicial decisions arguably misconstruing that act, or what (see this article by Vladeck and Vasquez), but I think at this point we're entitled to wonder, if the Court is going to abolish the 20th century remedies for unconstitutional conduct, can we at least have the 19th century remedies back? [read post]
22 Oct 2019, 8:33 am
Squire Patton Boggs has added two former CKR Law partners, Charlotte Westfall and Victor Marquez, in its cross-border corporate and real estate practices. [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]
23 May 2019, 7:12 am
Six Unknown Named Agents of the Federal Bureau of Narcotics; and (2) whether, if the federal courts do not recognize such a claim, the Westfall Act violates the due process clause of the Fifth Amendment insofar as it pre-empts state-law tort suits for damages against rogue federal law-enforcement officers acting within the scope of their employment for which there is no alternative legal remedy. [read post]
