Jennifer West, et al. v. 3M Company f/k/a Minnesota Mining and Manufacturing Co., et al.

Summary

The United States District Court for the Eastern District of Pennsylvania denied plaintiffs’ motion to remand an action alleging cancer caused by PFAS exposure associated with synthetic turf. The court held that removal was timely because no pleading or other paper affirmatively disclosed the basis for federal officer removal, and that 3M plausibly satisfied the requirements for removal under 28 U.S.C. § 1442(a)(1), including a colorable federal contractor defense.

Holdings

1. Removal was timely because neither the original nor amended complaint affirmatively revealed the basis for federal officer removal, so the thirty-day removal clock was not triggered.
2. 3M plausibly satisfied all four requirements for federal officer removal: it is a person, acted under the direction of a federal officer, its claims were for or related to conduct under federal authority, and it raised a colorable federal defense.
3. 3M raised a colorable federal contractor defense because it plausibly alleged that the government approved reasonably precise specifications, the product conformed to those specifications, and the government knew of the relevant hazards.

Questions Presented

1. Whether 3M's removal was untimely because it occurred more than thirty days after service of the original complaint.
2. Whether 3M plausibly satisfied the requirements for federal officer removal under 28 U.S.C. § 1442(a)(1).
3. Whether 3M raised a colorable federal contractor defense sufficient to support federal officer removal.

Disposition

other