Latiolais v. Huntington Ingalls, Inc.

Case Updates

The en banc Fifth Circuit held that state law claims may be removed to federal court where a defendant acted pursuant to a federal officer’s direction, the conduct from which the claims arise “is connected or associated with” an act pursuant to a federal officer’s directions, and the defendant raises a colorable federal defense. In so holding, the en banc court rejected prior Fifth Circuit precedent that required a “causal nexus” between the alleged conduct and a federal officer’s direction. The U.S. Chamber filed an amicus brief urging the court to adopt this approach.

Click here to view the Chamber’s amicus brief.

C. Frederick Beckner III, Eric D. McArthur, and Tobias S. Loss-Eaton of Sidley Austin LLP served as co-counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.