Removal – Subject Matter Jurisdiction

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7^th Circuit Court of Appeals

Case Name: Sherrie Baker, et al., v. Atlantic Richfield Company, et al.,

Case No.: 19-3159; 19-3160

Officials: FLAUM, KANNE, and BRENNAN, Circuit Judges.

Focus: Removal – Subject Matter Jurisdiction

Former residents of the West Calumet Housing Complex sued nine industrial manufacturing companies in Indiana state court. The residents allege that, for most of the twentieth century, each company directly or through a predecessor corporate entity polluted the soil in and around the site of their later-built residence. Specifically, the residents claim that the companies’ operations at these facilities contaminated the property with “lead, arsenic and likely other substances.”

Several companies removed the case to federal court under 28 U.S.C. § 1442(a)(1), asserting their right to a federal forum because the case relates to their acts under color of federal office. During World War II, the companies argue, the United States government directed them to produce certain materials for the military, supervised distribution of these goods, and controlled their ultimate usage. The residents disagreed and moved to remand the case back to state court. The district court granted that motion, holding in principle that the companies acted under color of federal office for only a portion of the time period covered by the residents’ claims. We reverse.

Reversed and remanded

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.