Counts v. USA

E. GRADY JOLLY, Circuit Judge:

Mary J. Counts (“Counts”) and Jill A. Marangoni (“Marangoni”) appeal the district court’s dismissal of their libel, slander, and intentional infliction of emotional distress claims against Edmundo Guevara (“Guevara”) for lack of jurisdiction based on the substitution of the United States as defendant. Because the district court, which did not have the benefit of the latest pronouncement by the Texas Supreme Court, erred in applying Texas law to the question of whether Guevara was acting within the scope of his employment, we VACATE and REMAND.

Counts and…