Legal Opinion
Isaacson v. Dow Chemical Co.
Court of Appeals for the Second Circuit
Decided February 22, 2008No. 05-1820-cv, 05-1694-cv, 06-2450-cv, 05-1509-cv, 05-1695-cv, 05-1693-cv, 05-1698-cvPublishedCited by 94 opinions
1Opinion of the Court
HALL, Circuit Judge:
We are asked to determine whether the federal officer removal statute, 28 U.S.C. § 1442(a)(1), allows defendant chemical companies (“Defendants”), who contracted with the Government to produce Agent Orange for military use in the Vietnam War, to remove to federal court actions filed in state court alleging violations of state law in connection with that production. Those plaintiffs who contest federal jurisdiction claim that Defendants do not qualify as “persons” who were “acting under” a federal officer performing acts “under color of federal office” when they committed…
2Cases cited28 opinions
- Amchem Products, Inc. v. WindsorSupreme Court of the United States · 1997
- Syngenta Crop Protection, Inc. v. HensonSupreme Court of the United States · 2002
- Boyle v. United Technologies Corp.Supreme Court of the United States · 1988
- Ortiz v. Fibreboard Corp.Supreme Court of the United States · 1999
- Willingham v. MorganSupreme Court of the United States · 1969
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3Cited by94 opinions
- Douglas Leite v. Crane CompanyCourt of Appeals for the Ninth Circuit · 2014
- Bennett v. MIS CORP.Court of Appeals for the Sixth Circuit · 2010
- Goncalves Ex Rel. Goncalves v. Rady Children's Hospital San DiegoCourt of Appeals for the Ninth Circuit · 2017
- Proceeding before the Court of Common Pleas of Philadelphia v. JohnsonCourt of Appeals for the Third Circuit · 2015
- Melissa Mays v. City of Flint, Mich.Court of Appeals for the Sixth Circuit · 2017
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