Legal Opinion

John Michael Borneman v. United States of America, John Michael Borneman v. United States

Court of Appeals for the Fourth Circuit

Decided May 30, 2000No. 99-1173, 99-1479, 99-1982PublishedCited by 62 opinions

1Opinion of the Court

Affirmed in part, vacated in part, and remanded by published opinion. Judge NIEMEYER wrote the opinion, in which Judge WILLIAMS and Judge DIANA GRIBBON MOTZ joined.

OPINION

NIEMEYER, Circuit Judge:

In this appeal, we address whether John Borneman, a United States postal employee, may maintain a state common-law action against Richard McCauley, a fellow postal employee, for an assault and battery that allegedly occurred during work. Proceeding under the Westfall Act, the United States represented McCauley and removed this action to federal court, certifying that McCauley had acted within the…

2Cases cited27 opinions

  1. United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
  2. Mitchell v. ForsythSupreme Court of the United States · 1985
  3. Quackenbush v. Allstate InsuranceSupreme Court of the United States · 1996
  4. Thermtron Products, Inc. v. HermansdorferSupreme Court of the United States · 1976
  5. Things Remembered, Inc. v. PetrarcaSupreme Court of the United States · 1995

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

3Cited by62 opinions

  1. Osborn v. HaleySupreme Court of the United States · 2007
  2. Ellenburg v. Spartan Motors Chassis, Inc.Court of Appeals for the Fourth Circuit · 2008
  3. White v. Consolidated Planning, Inc.Court of Appeals of North Carolina · 2004
  4. U.S. Tobacco Cooperative Inc. v. Big South Wholesale of VA IncCourt of Appeals for the Fourth Circuit · 2018
  5. Erby v. United StatesDistrict Court, District of Columbia · 2006

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

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