Latiolais v. Huntington Ingalls, Inc. Docket: 18-30652 Opinion Date: February 24, 2020 Judge: Edith H. Jones Areas of Law: Government Contracts, Personal Injury Upon reconsideration of the scope of the revised Federal Officer Removal Statute, the en banc court held that Avondale was entitled to remove this negligence case filed by a former Navy machinist because of his exposure to asbestos while the Navy's ship was being repaired at the Avondale shipyard under a federal contract. The en banc court aligned with its sister circuits and relied on the plain language of the Removal Clarification Act of 2011, holding that, to remove under 28 U.S.C. 1442(a), a defendant must show (1) it has asserted a colorable federal defense, (2) it is a "person" within the meaning of the statute, (3) that has acted pursuant to a federal officer's directions, and (4) the charged conduct is connected or associated with an act pursuant to a federal officer's directions. In this case, the pleadings satisfied the "connection" condition of removal. Accordingly, the en banc court vacated and remanded for further proceedings. Read Opinion
0 Comments
Leave a Reply. |
Louisiana Law BlogLouisiana Law, News, Issues and Comments from Attorneys at the Shoultz Law Firm Archives
October 2024
Categories |