Forum
U.S. Supreme Court
Case Status
Pending
Docket Number
Lower Court Opinion
Questions Presented
1. Whether a causal-nexus or contractual-direction test survives the 2011 amendment to the federal-officer removal statute.
2. Whether a federal contractor can remove to federal court when sued for oil-production activities undertaken to fulfill a federal oil-refinement contract.
Case Updates
U.S. Chamber files coalition amicus brief urging Supreme Court to grant certiorari to resolve a circuit split on the meaning of the federal-officer removal statute, 28 U.S.C. § 1442(a), as amended in 2011 to expand the availability of removal
March 24, 2025
U.S. Chamber Coalition Amicus Brief
Despite that amendment, the Fifth Circuit panel narrowed the availability of removal by requiring a federal contractor to show that in carrying out the contract, it was following a “relevant federal directive” issued by a federal officer. The U.S. Chamber has filed several amicus briefs in this litigation.
Andrew Kim and William M. Jay of Goodwin Procter LLP served as outside counsel.