Forum

U.S. Supreme Court

Case Status

Pending

Docket Number

24-813

Term

2024 Term

Lower Court Opinion

U.S. Court of Appeals for the Fifth Circuit

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Questions Presented

1. Whether a causal-nexus or contractual-direction test survives the 2011 amendment to the federal-officer removal statute.

2. Whether a federal contractor can remove to federal court when sued for oil-production activities undertaken to fulfill a federal oil-refinement contract.

Case Updates

U.S. Chamber files coalition amicus brief urging Supreme Court to enforce 2011 amendment to the federal-officer removal statute, which expanded the availability of removal to lawsuits “for or relating to any act under color of [federal] office"

September 11, 2025

U.S. Chamber Coalition Amicus Brief

The Fifth Circuit’s restrictive test, which requires a lawsuit to be connected to a specific directive in a federal contract, is inconsistent with the statutory text and unmoored from the realities of modern government contracting.

William M. Jay and Andrew Kim of Goodwin Procter LLP served as outside counsel.

Cert. petition granted

June 16, 2025

U.S. Chamber files coalition amicus brief urging Supreme Court to enforce 2011 amendment to the federal-officer removal statute, which expanded the availability of removal to lawsuits “for or relating to any act under color of [federal] office”  

March 24, 2025

U.S. Chamber Coalition Amicus Brief

Despite that amendment, the Fifth Circuit panel narrowed the availability of removal by requiring a federal contractor to show that in carrying out the contract, it was following a “relevant federal directive” issued by a federal officer.  The U.S. Chamber has filed several amicus briefs in this litigation.

Andrew Kim and William M. Jay of Goodwin Procter LLP served as outside counsel.

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