28 U.S.C. § 1442(a)(1) – Paul Mollica's Federal Courts Blog

Federal Agencies Do Not Have An “Unfettered Right to Litigate in Federal Court” Under 28 U.S.C. § 1442, Holds Seventh Circuit

In Thompson v. Army and Air Force Exchange Service, No. 23-2447 (7th Cir. Jan. 8, 2025), the Seventh Circuit holds that a federal agency that removes an action from state court under 28 U.S.C. § 1442 is not entitled to dismissal in federal court on a finding that the federal court lacks subject-matter jurisdiction, andContinue reading “Federal Agencies Do Not Have An “Unfettered Right to Litigate in Federal Court” Under 28 U.S.C. § 1442, Holds Seventh Circuit”

Eighth Circuit Holds That Hospital’s Creation of Online Patient Portal Did Not Bring State-Law Privacy Claim Within the Federal Officer Removal Statute, 28 U.S.C. § 1442(a)(1)

In Doe v. BJC Health Sys., No. 23-1107 (8th Cir. Dec. 28, 2023), the Eighth Circuit – rejecting the persuasive authority of two district court opinions – holds that a hospital’s adoption of a online patient portal under the 2009 Health Information Technology for Economic and Clinical Health (HITECH) Act did not bring a state-lawContinue reading “Eighth Circuit Holds That Hospital’s Creation of Online Patient Portal Did Not Bring State-Law Privacy Claim Within the Federal Officer Removal Statute, 28 U.S.C. § 1442(a)(1)”

Second Circuit Weighs Competing Standards for Federal Officer Removal Under 28 U.S.C. § 1442, Finding Appellate Jurisdiction to Review Remand

In Razmzan v. United States, No. 19-227 (2d Cir. Jan. 26, 2021), the panel holds that removal of an action from state court under 28 U.S.C. § 1442, for federal officer or agent removal, was supported by the factual allegations and that the district court’s remand order could be reviewed on appeal under 28 U.S.C.Continue reading “Second Circuit Weighs Competing Standards for Federal Officer Removal Under 28 U.S.C. § 1442, Finding Appellate Jurisdiction to Review Remand”