In U-Haul Int'l., Inc. v. Wilcher, No. 07-16482, an action alleging that defendants improperly obtained privileged information and used it against plaintiff in NLRB proceedings, the court affirmed in part the dismissal of the complaint where the district court did not err in upholding the Attorney General's certification that a defendant was acting within the scope of his employment. However, the court reversed in part where the Westfall Act did not empower the district court sua sponte to abrogate the federal government's sovereign immunity and subject it to the risk of liability.
As the court wrote: "Nathan Albright and Steven Wamser acted as counsel for the National Labor Relations Board in an action against U-Haul. U-Haul sued Albright and Wamser, alleging that they improperly obtained privileged information and used it against U-Haul during the proceedings."