This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.
In brief
Overview
According to Petitioner (Eric Grant), according to Petitioner (Eric Grant), pat Osborn v. Barry Haley concerns whether a federal employee is immune from suit under the Westfall Act when acting outside the scope of employment.
The petitioner is represented by Eric Grant, Esq., and the respondents are represented by Douglas Hallward‑Driemeier, Esq.
Background and question before the Court
According to Petitioner (Eric Grant), according to Petitioner (Eric Grant), the petitioner argues that the Court of Appeals misinterpreted the Westfall Act, depriving tort plaintiffs of basic procedural protections.
According to Petitioner (Eric Grant), according to Petitioner (Eric Grant), the Government concedes that if Barry Haley acted as alleged, he was acting outside the scope of his federal employment.
According to Justice Ginsburg, a key question raised by the Court is whether the claim is a wholly state‑law claim despite involving federal employee immunity.
What each side argues
Petitioner Position
According to Petitioner (Eric Grant), according to Petitioner (Eric Grant), the Court of Appeals misinterpreted the Westfall Act, unfairly depriving tort plaintiffs of procedural protections.
According to Petitioner (Eric Grant), according to Petitioner (Eric Grant), the Government acknowledges that Barry Haley, if he acted as alleged, was outside the scope of his federal employment.
Respondent Position
According to Mr. Hallward-Driemeier, the Attorney General certified that Barry Haley was acting within the scope of his employment at the time of the incident.
According to Mr. Hallward-Driemeier, congress intended that once a case is removed to federal court, it stays there, preventing shuttling back to state court.
What happened at oral argument
The case was formally submitted to the Court at 11:04 a.m. during the argument.
What the Court decided
Why it matters
According to Petitioner (Eric Grant), according to Petitioner (Eric Grant), the case addresses the scope of federal immunity under the Westfall Act, which determines whether a federal employee can be sued in state court.
According to Mr. Hallward-Driemeier, the respondent’s claim that the Attorney General certified the employee’s scope of employment could keep the case in federal court, affecting the procedural path of similar lawsuits.
Terms to know
No glossary terms are available for this guide.
Primary sources
Read the source materials on the official site or open the immutable repository copy used for this guide.
- 563b2fd2b7027665322d-r1-5e17867b5332c625.pdforal argument transcript
Guide generated September 21, 2026. Automated validation accepted this version.