Search for: "United States v. Westfall" Results 1 - 20 of 57
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13 Apr 2012, 12:45 am by Lawrence Solum
Vladeck (Georgetown University Law Center and American University - Washington College of Law) have posted State Law, the Westfall Act, and the Nature of the Bivens Question after Minneci v. [read post]
20 Nov 2006, 11:25 am
Just in case you would ever want it, I have a trial transcript (on CD) in the matter United States v. [read post]
27 Oct 2006, 7:23 am
Pursuant to the Westfall Act, the United States Attorney General certified that Haley was acting within the scope of his employment and successfully removed the case to federal district court. [read post]
4 Mar 2013, 7:19 am by Wells Bennett
The United States has filed its appellate brief in the case of Al-Janko v. [read post]
13 Sep 2020, 10:35 am by Eugene Volokh
The students sued, and on Sept. 3 the Sixth Circuit affirmed the dismissal of their case:  Under the Westfall Act, [T]he United States shall be substituted for the employee as a defendant in any common law tort action initiated against an employee if the employee was acting within the scope of employment. [read post]
15 Jul 2013, 1:15 pm by Wells Bennett
New England, 546 U.S. 320, 329 (2006); see also United States v. [read post]
24 Apr 2023, 6:00 am by Second Circuit Civil Rights Blog
The state court case was removed to federal court on diversity grounds and the Second Circuit had to determine whether Trump's allegedly defamatory comments were made within the scope of his employment as President of the United States.The case is Carroll v. [read post]
22 Oct 2014, 9:48 am by Jane Chong
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… [read post]
8 Apr 2013, 4:31 am
If the FTCA precludes recovery against the United States, then the plaintiff may be left without a remedy, as this case demonstrates. [read post]
17 Sep 2020, 1:16 am by INFORRM
The Volokh Conspiracy Blog has a piece dealing with the relevant legislation, the Westfall Act, and its application in other cases. [read post]
23 Feb 2016, 4:24 am by Helen Klein
However, the Westfall Act mandates that the United States be substituted as defendant for claims against government employees acting within the scope of their employment. [read post]
4 Mar 2010, 6:25 pm by Anna Christensen
Arguing on behalf of the United States as an amicus in support of the petitioners, Assistant to the Solicitor General Pratik Shah reiterated that the plain terms of Section 233(a) are broad enough to preclude Bivens actions even if Congress did not specifically contemplate such actions. [read post]
18 Nov 2013, 7:35 am by Lauren Bateman
” 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]