News & Analysis as of

Officer Removal

WilmerHale

SCOTUS to Decide the Scope of Federal Officer Removal for Federal Contractors

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On Monday, June 16, 2025, the U.S. Supreme Court granted certiorari in Chevron U.S.A. Inc. v. Plaquemines Parish, a case about the extent to which federal contractors can remove lawsuits to federal court under the federal...more

Husch Blackwell LLP

A First-Class Ticket to Federal Court?

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Michigan Grapples With Airport Authority Over Application of Federal Officer Removal Statute in PFAS Litigation For the last several months, the Gerald R. Ford International Airport Authority (Airport) in Grand Rapids,...more

Farrell Fritz, P.C.

The Flexible “For Cause” Standard for Director and Officer Removal

Farrell Fritz, P.C. on

Sections 706 (d) and 716 (c) of the Business Corporation Law (the “BCL”) both contain a “for cause” standard for judicial removal of corporate directors and officers. Complaints with claims for judicial corporate director and...more

Goldberg Segalla

Plaintiff’s Motion to Remand Granted in Leopold v. Air

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U.S. District Court for the Southern District of Illinois - In Leopold v. Air, plaintiff Debra Leopold filed an asbestos action in the Circuit Court for the Third Judicial Circuit, Madison County, Illinois. Defendant...more

Goldberg Segalla

Plaintiff’s Motion to Remand Denied; Court Finds Defendants’ Removal Timely

Goldberg Segalla on

Court: United States District Court for the Southern District of Alabama, Southern Division - This action was filed in the Circuit Court of Mobile County, Alabama, on June 23, 2022. The complaint named numerous...more

Goldberg Segalla

District Court Denies Plaintiff’s Motion to Remand despite Dismissal of Defendant that Formed the Basis of Federal Jurisdiction

Goldberg Segalla on

U.S. District Court for the Eastern District of Louisiana - As previously reported on Asbestos Case Tracker, this matter involves Plaintiff Frank P. Ragusa, who filed an action against various defendants in state court...more

Goldberg Segalla

Motion to Remand Denied as Defendant’s Removal Timely Under Federal Officer Removal Statute

Goldberg Segalla on

Court: United States District Court for the Eastern District of Louisiana - In this asbestos action, decedent Gayle LeBeau alleged take-home exposure to asbestos from her father and brother’s work at the Avondale...more

Hicks Johnson

Appellate Courts Provide Guidance on Jurisdiction for Climate Change Lawsuits

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The U.S. Court of Appeals for the Tenth Circuit ruled in February 2022 that federal jurisdiction did not exist over a case brought by a group of Colorado municipalities accusing several energy companies of climate...more

Hicks Johnson

Fourth Circuit Provides Further Guidance on Jurisdiction for Climate Change Lawsuits

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In the wake of a recent landmark decision by a federal appellate court in regard to where climate change lawsuits should be litigated, the U.S. Court of Appeals for the Fourth Circuit has provided further guidance as to how...more

Husch Blackwell LLP

Submarine Manufacturer Successfully Dives into Federal Waters with Effective Removal of Asbestos Case in the First Circuit

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Recently, in Moore v. Elec. Boat Corp., No. 21-1566, 2022 WL 278535 (1st Cir. Jan. 31, 2022), a government contractor-defendant successfully appealed remand based on 28 U.S.C. § 1442, the so-called Federal Officer Removal...more

Hicks Johnson

Tenth Circuit Provides Guidance on Jurisdiction for Climate Change Lawsuits

Hicks Johnson on

On Tuesday, February 8, the U.S. Court of Appeals for the Tenth Circuit laid down a ruling in a lawsuit brought by a group of Colorado municipalities accusing several energy companies of climate change-related harm. Alleging...more

Dorsey & Whitney LLP

The Supreme Court - May 17, 2021

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Today, the Supreme Court of the United States issued the following four decisions: BP p.l.c. v. Mayor and City Council of Baltimore, No. 19-1189: Congress has commanded that generally, an order remanding a case back to...more

Husch Blackwell LLP

Fifth Circuit Sets Bright Line Rule For Timing Requirement Under Federal Officer Removal Statute

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In January 2018, a three-judge panel on the U.S. Court of Appeals for the Fifth Circuit vacated a district court’s remand of an asbestos case to state court for being untimely, based on a federal officer removal statute, 28...more

Allen Matkins

Hiring & Firing Officers In California

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John Jenkins at The Mentor Blog addresses the question of who has authority to hire and fire officers? He notes...more

Seyfarth Shaw LLP

Securities and Corporate Governance Litigation Quarterly

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Welcome to the fifth issue of Securities and Corporate Governance Litigation Quarterly, Seyfarth’s quarterly publication of the Securities & Financial Litigation Group focusing on decisions or other items of interest for...more

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