Sufficiency of Evidence

By: Derek Hawkins//January 7, 2019//

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7^th Circuit Court of Appeals

Case Name: Bruce Betzner, et al. v. The Boeing Company

Case No.: 18-2582

Officials: SYKES, BARRETT, and ST. EVE, Circuit Judges.

Focus: Sufficiency of Evidence

After Bruce and Barbara Betzner named Boeing as a defendant in their state court personal injury lawsuit, Boeing filed a notice of removal under the federal officer removal statute, 28 U.S.C. § 1442(a), alleging a government contractor defense. Three days later, the district court, sua sponte, remanded the lawsuit to state court for lack of subject-matter jurisdiction, and shortly thereafter, denied Boeing’s motion for reconsideration. On appeal, Boeing argues that the district court erred by requiring evidentiary submissions to support its notice of removal. Boeing further argues that it alleged sufficient facts to support federal officer removal under § 1442(a). We agree and reverse.

Reversed and Remanded

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Derek A. Hawkins is a trademark corporate counsel attorney for Harley-Davidson, where he concentrates his practice on brand protection and strategy.