Robert H. Wright is a Partner with Horvitz & Levy LLP in Los Angeles, CA and is the WLF Legal Pulse’s Featured Expert Contributor on Mass Torts—Asbestos.

The U.S. Court of Appeals for the Fifth Circuit’s recent decision addressing the Federal Officer Removal Statute could have ramifications far beyond the specific military procurement contract and claims in that case.

In Latiolais v. Huntington Ingalls, Inc., No. 18-30652, 2020 WL 878930 (5th Cir. 2020) the Fifth Circuit, sitting en banc, overruled its prior decisions that had limited the breadth of the Federal Officer Removal Statute.  Those prior decisions held that a defendant seeking removal under the statute must show a causal nexus between the defendant’s actions under color of federal office and the plaintiffs’ claims.