Supreme Court Docket Report - October 13, 2009

Originally published October 13, 2009

Keywords: federal court, preemption doctrine, federal officer removal statute, Beneficial National Bank, Andersen, Watson, Philip Morris Cos, Health Care Service Corporation, Pollitt

Today the Supreme Court granted certiorari in one case of interest to the business community:

Removal to Federal Court—Complete Preemption Doctrine—Federal Officer Removal Statute

Under Beneficial National Bank v. Andersen, 539 U.S. 1 (2003), the test for determining whether a state law is "completely preempted" by federal law, and thus whether lawsuits brought under that state law are removable to federal court under 28 U.S.C. § 1441, is whether the federal law "provide[s] the exclusive cause of action for the claim asserted."539 U.S. at 8. Under Watson v. Philip Morris Cos., 551 U.S. 142 (2007), the test for determining whether a government contractor can remove a case to federal court pursuant to the federal officer removal statute, 28