Legal Opinion
Mitchell v. Carlson
Court of Appeals for the Fifth Circuit
Decided March 15, 1990No. Nos. 89-1377, 89-1516 and 89-1653PublishedCited by 84 opinions
1Opinion of the Court
JERRE S. WILLIAMS, Circuit Judge:
This appeal presents two issues: (1) whether this Court has jurisdiction to review a district court order that re-substituted parties and remanded the case to state court; and (2) whether the re-substitution order was in error under the Federal Employees Liability Reform and Tort Compen*130sation Act of 1988, Pub.L. No. 100-694 (November 18, 1988), commonly known as the Westfall Act.
I. Facts and Prior Proceedings
This case 1 arose out of an altercation between appellee Queenie Mitchell and appellant Major Deborah Carlson. Mitchell is a nurse assistant at Darnell…
2Cases cited13 opinions
- Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
- Mitchell v. ForsythSupreme Court of the United States · 1985
- Thermtron Products, Inc. v. HermansdorferSupreme Court of the United States · 1976
- Gravitt v. Southwestern Bell Telephone Co.Supreme Court of the United States · 1977
- Waco v. United States Fidelity & Guaranty Co.Supreme Court of the United States · 1934
8 more not listed; retrieve them via the Exa API.
3Cited by84 opinions
- Osborn v. HaleySupreme Court of the United States · 2007
- United States v. SmithSupreme Court of the United States · 1991
- Melo v. HaferCourt of Appeals for the Third Circuit · 1990
- Connie JAMISON, Plaintiff-Appellee, v. Jerry WILEY, Defendant-Appellant, United States of America, Defendant-AppelleeCourt of Appeals for the Fourth Circuit · 1994
- Robert J. Pelletier v. Federal Home Loan Bank of San Francisco, and John W. BehrensCourt of Appeals for the Ninth Circuit · 1992
79 more not listed; retrieve them via the Exa API.