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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]
29 Jun 2016, 7:48 am
Check out Brian Westfall's article on Software Advice: $47,476: How to Prepare Your SMB for the Overtime Rule Change. [read post]
24 Jun 2016, 12:01 pm
Photo: Greg Westfall, Just Another Day at the Park, Taken August 24, 2013 – Creative Commons [read post]
23 Feb 2016, 4:24 am
First, Judge Huvelle addressed Westfall immunity. [read post]
10 Nov 2015, 6:54 am
If true, that may preclude invocation of the Westfall Act. [read post]
10 Aug 2015, 7:03 am
Broker Thomas Sharp Sanctioned by FINRA Over Misleading Statements Concerning Non-Traded REITs Pennsylvania Regulator Investigates Securities America and Landenburg Thalmann Non-Traded REIT Sales National Planning Corporation Broker Matthew Westfall Sanctioned Over Outside Business Activities and Non-Traded REIT Sales Hantz Financial Services Sanctioned Over Non-Traded REIT Due Diligence Failures Former LPL Financial Broker Brian Brunhaver Accused of Fraud in the Sale of Non-Traded REITs… [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]
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]
22 Feb 2015, 10:03 pm
Image courtesy of Flickr by Greg Westfall [read post]
17 Nov 2014, 5:26 pm
(Pix (c) Larry Catá Backer 2014) Since 2010, I have been posting on the development of a new course I have been developing for our first year law school students, "Elements of Law. [read post]
22 Oct 2014, 9:48 am
Addressing the detainees’ two more minor arguments in brief, the government contends that (1) the panel correctly determined that the defendants were acting within the scope of their employment, such that the United States properly substituted itself for the defendants under the Westfall Act, and that (2) the detainees forfeited any challenge to the dismissal of the “John Doe” defendants by failing to raise the claim in their appellate briefs or at oral… [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]
28 Mar 2014, 6:40 am
Westfall entered the securities industry in 1983. [read post]
21 Feb 2014, 6:59 am
Chilicky (1988), had already taken place by the time the Westfall Act was passed. [read post]
21 Feb 2014, 3:23 am
But the question whether the government had the authority to continue to detain plaintiffs while seeking their transfer to a suitable country is not the proper focus of the Westfall Act [scope-of-employment] analysis. [read post]
7 Jan 2014, 7:24 am
DeWitt’s employing broker, Westfall, was the listing agent for each of these transactions. [read post]
18 Nov 2013, 7:35 am
” As for the international law claims, the government alleges that “[t]he district court correctly held that the United States properly substituted itself under the Westfall Act for the individual named defendants on plaintiffs’ international-law claims because the named defendants were acting within the ‘scope of their employment’ at the time of the incidents alleged in the complaints. [read post]
11 Nov 2013, 1:10 pm
The answer to the above question is yes. [read post]
21 Oct 2013, 7:10 pm
Alien Tort Statute Claims As to the ATS claims, Al Janko says that because the acts were “clearly illegal,” didn’t serve the interests of the United States, and were conducted outside of the scope of the individual defendants’ employment, the Westfall Act does not apply and the United States shouldn’t be substituted for the individual defendants here. [read post]
