LII Bulletin Previews Osborn v. Haley Oral Argument to Occur Before the Supreme Court October 30th
Cornell’s LII Bulletin has posted the following preview of the oral argument slated to take place in Osborn v. Haley (05-593) before the Supreme Court:
FEDERAL EMPLOYEE LIABILITY, FEDERAL JURISDICTION, REMOVAL, REMAND, FEDERAL TORTS CLAIM ACT, GENERAL FEDERAL OFFICER REMOVAL STATUTE, GENERAL REMAND STATUTE, WESTFALL ACT, SCOPE-OF-EMPLOYMENT CERTIFICATION
Osborn v. Haley (05-593)
Oral Argument Date: October 30, 2006
Pat Osborn sued Barry Haley, a United States Forest Service manager, in state court, alleging that Haley had influenced her employer, Land Between the Lakes Association, to fire her and that, in so doing, Haley had acted outside the scope of his employment. 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. Once there, the United States denied that Haley had interfered with Osborn’s employment and proposed to substitute itself for Haley. The district court, however, assumed the veracity of Osborn’s allegations and refused substitution, remanding the action to state court. The Sixth Circuit Court of Appeals subsequently reversed, ruling that the lower court must resolve the factual disputes underlying the scope question and that the Westfall Act forecloses remand to the state court. The Supreme Court’s decision in this case will have significant implications for plaintiffs seeking to bring suit against federal employees and will likewise affect the way that the federal government and its employees respond to such suits.
The full preview is available here.