Wednesday, October 25, 2023
Daily eBriefs - October 25, 2023
Civil Procedure
Where a group of employees brought suit against their employers, contractors providing war-zone security services to the Department of Defense, based on allegations that their working conditions violated the contractors’ recruiting representations, their employment contracts, and the Theater Wide Internal Security Services II contract between the contractors and the Department of Defense, the contractors met the limited burden imposed by the federal officer removal statute, 28 U.S.C. § 1442(a)(1), as the contractor corporations were “persons” for purposes of §1442(a)(1); the contractors “acted under” a federal officer because, under common-law agency principles, they were independent contractors serving as the government’s agents, rather than acting as non-agent service providers; and the contractors sufficiently alleged a colorable federal defense of compliance with the federal regulations incorporated into the TWISS II contract.
DeFiore v. SOC - filed Oct. 25, 2023
Cite as 2023 S.O.S. 21-15261
Full text click here > http://sos.metnews.com/sos.cgi?1023//21-15261.
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