Legal Opinion
Wilson v. Gottlieb
District Court, D. Maryland
Decided September 23, 2011No. Civil Action No. ELH-11-1205PublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM OPINION
ELLEN LIPTON HOLLANDER, District Judge.
The United States has filed a Notice of Removal (ECF 1), by which it removed from the Maryland Health Claims Alternative Dispute Resolution Office (“HCA-DRO”) a medical malpractice claim filed by Gail Wilson, plaintiff. In doing so, the Government relied on two statutes: the federal officer removal statute, 28 U.S.C. § 1442, and the removal statute codified in 28 U.S.C. § 2679, a provision of the Federal Tort Claims Act (“FTCA”) that is commonly known as the “Westfall Act.”1 Both of these statutes authorize, under certain circumstances,…
2Cases cited35 opinions
- Hertz Corp. v. FriendSupreme Court of the United States · 2010
- Webster v. FallSupreme Court of the United States · 1925
- Willingham v. MorganSupreme Court of the United States · 1969
- Mesa v. CaliforniaSupreme Court of the United States · 1989
- Westfall v. ErwinSupreme Court of the United States · 1988
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3Cited by3 opinions
- Crisantos v. MoubarekDistrict Court, D. Maryland · 2020
- In Re: Jeffrey B. ClarkDistrict Court, District of Columbia · 2023
- New Orleans City v. Frederick Neroni, Et Al.District Court, E.D. Louisiana · 2025