Using Government Incentive Funds Does Not Create a Right to Remove: Eighth Circuit

On the second to last business day of last year, the U.S. Court of Appeals for the Eighth Circuit addressed when a private organization can invoke the federal officer removal statute, 28 U.S.C. § 1442. If a private organization is acting under a federal officer, it can invoke this law to remove a lawsuit against it to federal court. Meanwhile, ongoing federal attention to cybersecurity, technology, industrial policy, and critical infrastructure sectors (such as health care) could provide new…
By: Manatt, Phelps & Phillips, LLP