To Remove or Not to Remove: A LOOK AT THE FEDERAL OFFICER REMOVAL STATUTE.

Certain Defendants and the Applicability of Section 1442(a)(1) When determining whether a defendant meets the requirements to remove a case pursuant to § 1442(a)(1), the type of defendant in the case may slightly alter the analysis. This hypothetical is actually reflective of hundreds, if not thousands, of cases currently pending in federal courts across the nation, where defendants argue that federal officer jurisdiction applies, regardless of the fact that the causes of action all sound in violations of state statutory law or state common law. When determining whether a defendant is acting under color of federal office, the defendant's conduct must amount to more than simply following orders or directives of a federal agency. These different types of defendants include government military or defense contractors, certain private corporate defendants, and, interestingly, certain types of environmental contractors or defendants. [Extracted from the article]