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Osborn v. Haley
No. 05-593 Title:

Pat Osborn v. Barry Haley, et al.

Subject:

Federal jurisdiction, Federal Employees Liability Reform and Tort Compensation Act, Westfall Act, Government Law

Questions:

1. Whether the Westfall Act authorizes the Attorney General to certify that the employee was acting within the scope of his office or employment at the time of the incident solely by denying that such incident occurred at all.


2. Whether the Westfall Act forbids a district court to remand an action to state court upon concluding that the Attorney General's purported certification was not authorized by the Act.


3. Whether the court of appeals had jurisdiction to review the district court's remand order, notwithstanding 28 U.S.C. section 1447(d).

Decisions:

• U.S. Court of Appeals - 6th Circuit Opinion Filed: September 8, 2005
• United States Supreme Court, Cert. Granted: May 15, 2006

Resources:

• Docket Sheet From the U.S. Supreme Court.
• Northwestern University - Medill School of Journalism: On the Docket

Briefs:

    Parties

Merits Phase

• Brief of Petitioner Osborn
• Brief of Respondent Haley

Counsel of Record

For Petitioner Osborn:

Eric Grant
Sacramento, CA

For Respondents:

Paul D. Clement
U.S. Solicitor General
Washington, DC

 

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