Tuesday, October 13, 2009

SCOTUS Grants Cert. In Complete Preemption and Federal Officer Removal Case

The Supreme Court has granted cert. in Health Care Service Corporation v. Pollitt (No. 09-38). The decision below is at 558 F.3d 615 (7th Cir. 2009). The questions presented are:

(1) Does the Federal Employee Health Benefits Act, 5 U.S.C. §§ 8901-14, completely preempt--and therefore make removable to federal court--a state suit challenging enrollment and health benefits determinations that are subject to the exclusively federal remedial scheme established in FEHBA?

(2) Does the federal officer removal statute, 28 U.S.C. § 1442 (a)(1), which authorizes federal removal jurisdiction over state court suits brought against persons "acting under" a federal officer when sued for actions "under color of [federal] ... office," encompass a suit against a government contractor administering a FEHBA plan, when the contractor is sued for actions taken pursuant to the government contract?

More details at: http://lawprofessors.typepad.com/civpro/2009/10/cert-grant-in-case-involving-complete-preemption-and-federal-officer-removal.html.


Post a Comment

<< Home