Circuit split · civil procedure
Whether a district court may remand a case to state court after rejecting the Attorney General's Westfall Act scope-of-employment certification and re-substituting the originally named federal-employee defendant.
1 federal appellate case on this question, each acknowledging the disagreement in its own words.
- Coleman v. United States91 F3D 820
Sixth Circuit Court of Appeals · August 5, 1996
“We note that a split of authority exists among the circuits concerning the propriety of remand when a district court finds that the Attorney General’s scope certification is incorrect and re-substitutes the originally named defendant.” — Split of authority
Empirical analysis of this case →
The other side of the split
Decisions the acknowledging court(s) named as the opposing or joined side, quoted in the acknowledging opinion's own words.
- On the other side · 1st Cir.Nasuti v. Scannell906 F.2d 802
- On the other side · D.C.Cir.Haddon v. United States68 F.3d 1420
- On the other side · 5th Cir.Garcia v. United States88 F.3d 318
- On the other side · 3d Cir.Aliota v. Graham984 F.2d 1350
- Discussed · 6th Cir.Arbour v. Jenkins903 F.2d 416
Cases are grouped by the legal question they announce a split on, classified from the court's own acknowledgment sentence. Verified acknowledgments only. Counter-side decisions are extracted from the acknowledging opinions' own text and linked only when the citation resolves in this corpus. See all circuit splits.