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High Court Cert Spotlights Varying Tests for Federal Removal — Law360

publication | July 30, 2025

Law360 published an expert analysis article authored by Hollingsworth LLP attorney Varun Aery that explores recent developments regarding federal officer removal. In recent months, the Supreme Court and four federal circuits have examined removal disputes under Title 28 of the U.S. Code, Section 1442, the federal officer removal statute, each offering key insights to corporate defendants seeking to exercise their removal rights.

Title 28 of the U.S. Code, Section 1442 is intended to shield private parties acting pursuant to the federal government’s direction from being sued in state court, by allowing them to remove to a neutral federal forum. These recent cases offer important considerations to corporate defendants seeking to remove state cases to federal court on federal officer grounds.

Available online to subscribers at Law360.