United States Seventh Circuit

In a personal injury suit against a federal employee, appeal of the denial of plaintiff's petition to substitute the U.S. as a defendant is dismissed for lack of jurisdiction where the Westfall Act prohibits appellate review of decisions to remand actions involving the substitution the U.S. under the Act when the remand occurs because of a lack of subject matter jurisdiction.

Appellate Information

• Argued 02/12/2007
• Decided 08/13/2007
• Published 08/13/2007

Judges

• KANNE, Circuit Judge., Before KANNE, ROVNER, and SYKES, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Eric J. Parker, Stotis & Baird, Chicago, IL, for Plaintiff-Appellee., David S. Allen (argued), Esther J. Schwartz, Stellato & Schwartz, Chicago, IL, for Defendant/Petitioner-Appellant., Thomas P. Walsh, Samuel S. Miller (argued), Office of the United States Attorney, Chicago, IL, for Respondent-Appellee.