Forum
U.S. Supreme Court
Case Status
Decided
Docket Number
Term
2020 Term
Lower Court Opinion
Questions Presented
Whether 28 U.S.C. 1447(d) permits a court of appeals to review any issue encompassed in a district court’s order remanding a removed case to state court where the removing defendant premised removal in part on the federal-officer removal statute, 28 U.S.C. 1442, or the civil rights removal statute, 28 U.S.C. 1443.
Case Updates
Supreme Court holds that where a lower court rejects removal of an action to federal court under the federal officer removal doctrine, an appellate court can review all grounds for removal asserted by the defendant, not only the federal-officer ground
May 17, 2021
Click here to view the opinion.
U.S. Chamber argues that where a lower court rejects removal of an action to federal court under the federal officer removal statute, an appellate court can review all grounds for removal asserted by the defendant, not only the federal-officer ground
November 23, 2020
Click here to view the Chamber’s amicus brief. Zachary D. Tripp and Sarah M. Sternlieb of Weil, Gotshal & Manges LLP and the U.S. Chamber’s Litigation Center served as co-counsel for the U.S. Chamber.
Previously, the U.S. Chamber filed an amicus brief in the Supreme Court supporting cert. and an amicus brief in the Fourth Circuit.
Cert. petition granted
October 02, 2020
U.S. Chamber files amicus brief urging the Supreme Court to grant cert. and address the scope of review available where a lower court rejects removal of an action to federal court under the federal officer removal statute
April 30, 2020
Click here to view the Chamber’s amicus brief. Peter D. Keisler of Sidly Austin LLP and the U.S. Chamber’s Litigation Center served as co-counsel for the U.S. Chamber.
Previously, the U.S. Chamber filed an amicus brief in the Fourth Circuit opposing remand and urging the court to review all grounds for removal.
Case Documents
- Opinion -- Baltimore v. BP P.L.C. (Fourth Circuit).pdf
- U.S. Chamber Amicus Brief -- B.P. p.l.c. v. Mayor and City Council of Baltimore (U.S. Supreme Court).pdf
- U.S. Chamber Amicus Brief (merits) -- B.P. p.l.c. v. Mayor and City Council of Baltimore (U.S. Supreme Court).pdf
- Opinion -- B.P. p.l.c. v. Mayor and City Council of Baltimore (U.S. Supreme Court).pdf