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21 May 2017, 10:41 am
When the federal officer was acting within the scope of employment, the Westfall Act simultaneously substitutes the United States as the only defendant and immunizes the officer from personal liability. 28 U.S.C. [read post]
17 Apr 2023, 10:00 am
On April 13, 2023, the en banc District of Columbia Court of Appeals issued its decision in response to a certified question from the Second Circuit. [read post]
11 Jan 2013, 9:23 am
Smith, in which the Court held that the Westfall Act – which contains a similar “exclusive remedy” provision – immunizes individual government employees from suit “even when an FTCA exception precludes recovery against the Government. [read post]
17 May 2017, 7:48 am
But as Pfander explains, the reason why state remedies aren’t usually available in similar circumstances today is because of the 1988 Westfall Act, which, whether intentionally or not, preempted such state-law claims, leaving most plaintiffs in modern Bivens cases with a choice of damages under Bivens or nothing. [read post]
18 May 2023, 5:14 am
” Another federal law, known as the Westfall Act, has already been interpreted to allow removal of civil cases against members of Congress and the president. [read post]
17 May 2017, 1:45 pm
But as Pfander explains, the reason why state remedies aren’t usually available in similar circumstances today is because of the 1988 Westfall Act, which, whether intentionally or not, preempted such state-law claims, leaving most plaintiffs in modern Bivens cases with a choice of damages under Bivens or nothing. [read post]
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]
8 Apr 2023, 2:35 am
Even apart from its caption, Westfall is interesting. [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]
16 Aug 2011, 10:01 am
Regarding Ben’s concerns, this country’s executive branch officials successfully fought our nation’s wars for over a century before the courts (through judicially created immunity doctrines and ever-expanding applications of the political question doctrine) and Congress (through the Federal Tort Claims, Westfall and similar acts) erected substantial obstacles to such suits. [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]
25 Sep 2009, 1:52 pm
Westfall, 727 S.W.2d 86, 90 (Tex. [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]
4 Apr 2024, 6:30 am
., Chris Westfall, Educators Battle Plagiarism As 89% Of Students Admit To Using OpenAI’s ChatGPT For Homework, Forbes (Jan. 28, 2023). [read post]
29 Feb 2008, 12:05 pm
To be fair, the statute, along similar lines to the federal Westfall Act, provides that any damages claim arising out of the official acts of a corrections officer can be brought in the New York Court of Claims as a claim against the state itself. [read post]
22 Feb 2012, 7:06 am
And because courts have construed the exclusivity provisions of the 1988 Westfall Act as ousting state courts of the power to entertain tort claims against federal officers acting within the scope of their employment, today, that traditional avenue appears to no longer be available. [read post]
25 Jun 2023, 12:06 pm
Some have assumed that those suits are now precluded by the Westfall Act. [read post]
8 Apr 2023, 2:35 am
Even apart from its caption, Westfall is interesting. [read post]
21 Feb 2014, 6:59 am
Chilicky (1988), had already taken place by the time the Westfall Act was passed. [read post]
4 May 2017, 8:34 am
Circuit precedent, the Westfall Act applied because the individual defendants—retired Maj. [read post]
