Federal Officer Removal

Federal officer removal lets a defendant move a lawsuit from state court to federal court when it was acting under the direction of a federal officer or agency and has a plausible federal defense. In asbestos cases it is used mostly by companies that built ships or equipment for the U.S. Navy and other military customers.

Origin

The statute, 28 U.S.C. § 1442(a)(1), has roots in early nineteenth-century laws protecting federal officials from hostile state courts. The Removal Clarification Act of 2011 broadened it to cover suits "for or relating to" acts under color of federal office.

Significance in Asbestos Context

A shipbuilder or equipment maker sued over asbestos aboard Navy vessels can remove the case by alleging that it built to Navy specifications and that the government contractor defense applies. Removal changes the court, the judge, the jury pool and often the timeline; it can be strategic for the defense. Plaintiffs can move to send the case back (remand), but the bar for removal is lower than for winning the defense itself, so many such cases stay in federal court.

Example Sentence

The turbine manufacturer removed the Navy veteran's case to federal court, arguing that MIL-SPECs required the asbestos insulation and that it had a government contractor defense.

Related Terms

Government Contractor Defense, Removal to Federal Court, Military Specifications (MIL-SPEC), Navy Veterans, Jurisdiction, Venue

Notes

• If you served in the Navy or worked on military equipment, expect some defendants to try this.
• Keep your service records and ship assignments; they bear on both removal and the defenses.