Winglet Technology, LLC, et al. v. United States
Arbitration Jurisdiction JusticiabilityDoctri
Where the FAA disowned as verifiably false its employee's defamatory statements about petitioners and questioned his decision to publish them in the first place, are petitioners entitled to limited discovery to show that when the employee defamed them, he was not serving any interest of his FAA master but acting only out of personal spite and to 'teach petitioners a lesson?
QUESTION(S) PRESENTED 1. Where the FAA disowned as verifiably false its employee’s defamatory statements about petitioners and questioned his decision to publish them in the first place, are petitioners entitled to limited discovery to show that when the employee defamed them, he was not serving any interest of his FAA master but acting only out of personal spite and to “teach petitioners a lesson?” 2. Should this Court resolve the conflict among the Circuits about the standard for assessing when a plaintiff is entitled to limited discovery to challenge the government’s certification under the Westfall Act (28 U.S.C. § 2679) that its employee was acting within the scope of his employment when he committed the alleged tortious conduct?