U.S. Court of Appeals for the Fifth Circuit
February 24, 2020
The en banc Fifth Circuit held that state law claims may be removed to federal court where a defendant acted pursuant to a federal officer’s direction, the conduct from which the claims arise “is connected or associated with” an act pursuant to a federal officer’s directions, and the defendant raises a colorable federal defense. In so holding, the en banc court rejected prior Fifth Circuit precedent that required a “causal nexus” between the alleged conduct and a federal officer’s direction. The U.S. Chamber filed an amicus brief urging the court to adopt this approach.
U.S. Chamber files amicus brief urging en banc Fifth Circuit to reject the antiquated test for federal officer removal that fails to account for recent statutory amendments that broadened its reach
June 14, 2019
Click here to view the Chamber’s amicus brief.
C. Frederick Beckner III, Eric D. McArthur, and Tobias S. Loss-Eaton of Sidley Austin LLP served as co-counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.
- Panel Opinion -- Latiolais v. Huntington Ingalls, Inc. (Fifth Circuit).pdf
- Order Granting Rehearing En Banc -- Latiolais v. Huntington Ingalls, Inc. (Fifth Circuit).pdf
- U.S. Chamber Amicus Brief -- Latiolais v. Huntington Ingalls, Inc. (Fifth Circuit).pdf
- En Banc Published -- Latiolais v. Huntington Ingalls, Inc. (Fifth Circuit).pdf