Legal Opinion
Steven W. Flohr Susan Flohr v. Joseph MacKovjak
Court of Appeals for the Eleventh Circuit
Decided May 31, 1996No. 93-6956PublishedCited by 39 opinions
1Opinion of the Court
TJOFLAT, Chief Judge:
This case involves a federal employee who was sued in state court for a negligent act committed while he was acting within the scope of his employment. The employee removed the case to district court and, represented by the United States Attorney, moved the court to substitute the United States as the party defendant. See 28 U.S.C. § 2679(d) (1994). The district court denied the motion to substitute and remanded the case to the state court. Because we conclude that the court erred in denying substitution, we reverse the denial of the motion to substitute.
I
The facts are…
2Cases cited24 opinions
- Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
- Mitchell v. ForsythSupreme Court of the United States · 1985
- Feres v. United StatesSupreme Court of the United States · 1950
- Gutierrez De Martinez v. LamagnoSupreme Court of the United States · 1995
- Williams v. United StatesSupreme Court of the United States · 1955
19 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Osborn v. HaleySupreme Court of the United States · 2007
- Aquamar S.A. v. Del Monte Fresh Produce N.A., Inc.Court of Appeals for the Eleventh Circuit · 1999
- Barry J. Maron, Dr. v. United States of America Stephen E. Epstein, Dr. Lameh Fananapazir, Dr. Edward Korn, Dr. Neil Epstein, Dr.Court of Appeals for the Fourth Circuit · 1997
- Allen v. ChristenberryCourt of Appeals for the Eleventh Circuit · 2003
- Anibal L. Taboas v. Bernard J. MlynczakCourt of Appeals for the Seventh Circuit · 1998
34 more not listed; retrieve them via the Exa API.