Background
Plaintiff Crystal Czerno sued General Electric in Massachusetts state court, alleging that her son developed leukemia due to exposure to polychlorinated biphenyls manufactured and disposed of by GE near his school. GE removed the case to federal court, asserting jurisdiction under the federal officer removal statute. The district court remanded the case, finding GE failed to meet the statutory requirements.
The court’s reasoning
The First Circuit held that GE acted under a federal officer by producing specialized PCB-infused electrical devices for the military during World War II and for decades thereafter. The court found the allegations related to GE’s work under federal authority because the complaint included claims regarding the manufacture and use of Pyranol, which was produced under government contracts. The court declined to address the colorable federal defense element, remanding that issue to the district court.
What it means going forward
The decision clarifies that government contractors manufacturing specialized goods for the military can remove state court suits to federal court under the federal officer removal statute, even if the specific challenged conduct involves disposal not explicitly authorized by the government.