Legal Opinion

Anibal L. Taboas v. Bernard J. Mlynczak

Court of Appeals for the Seventh Circuit

Decided July 6, 1998No. 97-3592, 97-3601 and 97-3615PublishedCited by 44 opinions

1Opinion of the Court

FLAUM, Circuit Judge.

Pursuant to provisions of the Westfall Act, see 28 U.S.C. § 2679, the United States moved to substitute itself as the sole defendant in a defamation suit brought by Aníbal Taboas against nine federal employees. The district court'denied the motion for substitution, holding that the defendant employees were not acting within the scope of their employment when they made the allegedly defamatory statements. We reverse the district court’s decision and remand for further proceedings.

I

Aníbal Taboas was a manager in the Department of Energy’s field office in Argonne, Illinois…

2Cases cited24 opinions

  1. Mitchell v. ForsythSupreme Court of the United States · 1985
  2. Johnson v. JonesSupreme Court of the United States · 1995
  3. Behrens v. PelletierSupreme Court of the United States · 1996
  4. Gutierrez De Martinez v. LamagnoSupreme Court of the United States · 1995
  5. Pyne v. WitmerIllinois Supreme Court · 1989

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

3Cited by44 opinions

  1. Osborn v. HaleySupreme Court of the United States · 2007
  2. Stokes, Billy v. Cross, StevenCourt of Appeals for the D.C. Circuit · 2003
  3. Foster v. HillCourt of Appeals for the Seventh Circuit · 2007
  4. Velez-Diaz v. Vega-IrizarryCourt of Appeals for the First Circuit · 2005
  5. Lyons v. PathakCourt of Appeals for the First Circuit · 1998

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

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