Legal Opinion
Lyons v. Pathak
Court of Appeals for the First Circuit
Decided October 26, 1998No. 97-2109, 97-2248PublishedCited by 40 opinions
1Opinion of the Court
BOUDIN, Circuit Judge.
The United States and Dr. Nikhil Pathak, a federal employee, appeal from the striking of the U.S. Attorney’s certification that Dr. Pathak was acting within the scope of employment when he allegedly committed certain of the acts that form the basis for claims against him. The claims, made by Kathleen Lyons, effectively charged Dr. Pathak with sexual harassment. This appeal involves the interpretation and application of the Westfall Act, 28 U.S.C. § 2679(d).
The facts, as set forth below, either are undisputed or are drawn from the complaint (and thus represent allegations…
2Cases cited17 opinions
- Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
- Federal Deposit Insurance v. MeyerSupreme Court of the United States · 1994
- Johnson v. JonesSupreme Court of the United States · 1995
- Behrens v. PelletierSupreme Court of the United States · 1996
- United Mine Workers v. PenningtonSupreme Court of the United States · 1965
12 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Osborn v. HaleySupreme Court of the United States · 2007
- John A. Ackerman v. Northwestern Mutual Life Insurance CompanyCourt of Appeals for the Seventh Circuit · 1999
- Day v. Massachusetts Air National GuardCourt of Appeals for the First Circuit · 1999
- Rasul v. MyersCourt of Appeals for the D.C. Circuit · 2008
- Velez-Diaz v. Vega-IrizarryCourt of Appeals for the First Circuit · 2005
35 more not listed; retrieve them via the Exa API.