Legal Opinion

Nicholas Nasuti v. James Scannell, Nicholas Nasuti v. James Scannell, United States of America, in Re United States of America and James Scannell

Court of Appeals for the First Circuit

Decided June 29, 1990No. 89-1830, 89-1831 and 89-2001PublishedCited by 96 opinions

1Opinion of the Court

LEVIN H. CAMPBELL, Circuit Judge.

This case comes before us for the second time. Its first visitation was in Nasuti v. Scannell, 792 F.2d 264 (1st Cir.1986) (“Na-suti I”). The present time around, the basic issues remain much the same--the re-viewability and correctness of the district court’s order remanding back to the state court plaintiff Nasuti’s claim for assault and battery against defendant Scannell. However, because of Congress’s recqnt adoption of the Westfall Act, our answer is now different. While in Nasuti I, we dismissed for lack of appellate jurisdiction, in Nasuti II we…

2Cases cited17 opinions

  1. Barr v. MatteoSupreme Court of the United States · 1959
  2. Thermtron Products, Inc. v. HermansdorferSupreme Court of the United States · 1976
  3. Westfall v. ErwinSupreme Court of the United States · 1988
  4. Williams v. United StatesSupreme Court of the United States · 1955
  5. In Re Recticel Foam Corporation, in Re San Juan Dupont Plaza Hotel Fire Litigation. Appeal of Recticel Foam CorporationCourt of Appeals for the First Circuit · 1988

12 more not listed; retrieve them via the Exa API.

3Cited by96 opinions

  1. Osborn v. HaleySupreme Court of the United States · 2007
  2. Gutierrez De Martinez v. LamagnoSupreme Court of the United States · 1995
  3. Aversa v. United StatesCourt of Appeals for the First Circuit · 1996
  4. United States v. SmithSupreme Court of the United States · 1991
  5. John L. Kelly v. United StatesCourt of Appeals for the First Circuit · 1991

91 more not listed; retrieve them via the Exa API.

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