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US 6th: Westfall Act Means Federal Substitution

Monday, September 12, 2005 | 0

The Sixth Circuit of the United States Courts of Appeal ruled that where a tort suit against a federal employee is filed in state court, and the Attorney General certifies that the employee was acting within the scope of his employment and removes the case pursuant to the Westfall Act, the district court has no authority to remand the case on the ground that the Attorney General's certification was erroneous. In Osborn v. Haley (09/08/05 - No. 04-5716, 04-5820), Barry Haley was an employee of the United States Forest Service. Plaintiff Pat Osborn sued Haley in state court following her termi...

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