Legal Opinion
Blair G. McLachlan v. James Bell Michael George Charles Smith, Opinion
Court of Appeals for the Ninth Circuit
Decided August 20, 2001No. 99-16037PublishedCited by 42 opinions
1Opinion of the Court
KLEINFELD, Circuit Judge:
This is a Federal Tort Claims Act ease raising the question of whether a certification by the United States Attorney under the Westfall Act 1 was proper under California scope of employment law.
FACTS
This case was dismissed for lack of subject matter jurisdiction on a motion pursuant to Federal Rule of Civil Procedure 12(b)(1). Declarations were submitted on both sides, as well as the complaint, but the district judge held no evidentiary hearing. Because no evidentiary hearing was held, we accept as true the factual allegations in the complaint. 2
Blair McLachlan is an…
2Cases cited12 opinions
- Gutierrez De Martinez v. LamagnoSupreme Court of the United States · 1995
- Mary M. v. City of Los AngelesCalifornia Supreme Court · 1991
- UNITED STATES of America, Plaintiff-Appellee, v. Richard J. SMITH, Defendant-AppellantCourt of Appeals for the Ninth Circuit · 1998
- Farmers Insurance Group v. County of Santa ClaraCalifornia Supreme Court · 1995
- Robert J. Pelletier v. Federal Home Loan Bank of San Francisco, and John W. BehrensCourt of Appeals for the Ninth Circuit · 1992
7 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Coleman v. Estes Express Lines, Inc.District Court, C.D. California · 2010
- Rhoades v. Avon Products, Inc.Court of Appeals for the Ninth Circuit · 2007
- Stokes, Billy v. Cross, StevenCourt of Appeals for the D.C. Circuit · 2003
- John Rivera v. National Railroad Passenger CorporationCourt of Appeals for the Ninth Circuit · 2003
- Sundus Saleh v. George BushCourt of Appeals for the Ninth Circuit · 2017
37 more not listed; retrieve them via the Exa API.