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U.S. Supreme Court

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Term

2020 Term

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Questions Presented

Whether 28 U.S.C. 1447(d) permits a court of appeals to review any issue encompassed in a district court’s order remanding a removed case to state court where the removing defendant premised removal in part on the federal-officer removal statute, 28 U.S.C. 1442, or the civil rights removal statute, 28 U.S.C. 1443.

Case Updates

Supreme Court holds that where a lower court rejects removal of an action to federal court under the federal officer removal doctrine, an appellate court can review all grounds for removal asserted by the defendant, not only the federal-officer ground

May 17, 2021

Click here to view the opinion.

U.S. Chamber argues that where a lower court rejects removal of an action to federal court under the federal officer removal statute, an appellate court can review all grounds for removal asserted by the defendant, not only the federal-officer ground

November 23, 2020

Click here to view the Chamber’s amicus brief. Zachary D. Tripp and Sarah M. Sternlieb of Weil, Gotshal & Manges LLP and the U.S. Chamber’s Litigation Center served as co-counsel for the U.S. Chamber.

Previously, the U.S. Chamber filed an amicus brief in the Supreme Court supporting cert. and an amicus brief in the Fourth Circuit.

Cert. petition granted

October 02, 2020

U.S. Chamber files amicus brief urging the Supreme Court to grant cert. and address the scope of review available where a lower court rejects removal of an action to federal court under the federal officer removal statute

April 30, 2020

Click here to view the Chamber’s amicus brief. Peter D. Keisler of Sidly Austin LLP and the U.S. Chamber’s Litigation Center served as co-counsel for the U.S. Chamber.

Previously, the U.S. Chamber filed an amicus brief in the Fourth Circuit opposing remand and urging the court to review all grounds for removal.

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