Federal Officer Removal Jurisdiction and the Government Contractor Defense
Jeffrey Poretz and Kaitlin Motley contributed a chapter titled "Federal Officer Removal Jurisdiction and the Government Contractor Defense" to Litigating the Aviation Case, Fourth Edition. This updated edition provides strategic guidance and current information on effectively litigating all aspects of an aviation case. It was published by the American Bar Association.
The Federal Officer Removal Statute generally allows federal officers to remove their cases to federal court. This statute, as codified in 28 U.S.C. § 1442, is in addition to and independent of the more general removal statutes. For example, under 28 U.S.C. § 1441(a), a case may be removed from state to federal court if the federal district court would have original jurisdiction over the claim. Similarly, removal is allowed under 28 U.S.C. § 1331, where a case poses a federal question. More specifically, however, Section 1442(a)(1) allows federal officers or agencies to remove their cases from state court to federal court.
