Allan Douglas Wilson v. United States

Whether a federal district court may dismiss a defamation case for lack of subject matter jurisdiction after removal under the Westfall Act (28 U.S.C. § 2679(d)), rather than remand to state court pursuant to 28 U.S.C. § 1447(c), when: The Government does not dispute the underlying factual allegations of defamation, unlike the situation in Osborn v. Haley, 549 U.S. 225 (2007); The district court explicitly finds it lacks subject matter jurisdiction due to the Federal Tort Claims Act's exception for defamation claims (28 U.S.C. § 2680(h)); and The allegedly defamatory statements—unauthorized medical diagnoses and baseless criminal accusations made by a government attorney in a legal filing—are so far outside any legitimate scope of employment that they cannot reasonably be considered within official conduct.