Bennett v. MIS CORP.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a private mold remediation firm, removing mold from an airport, “act[ed] under” a federal officer
• concluding that company satisfied the “acting under” requirement when “in the absence of a contract with” the company, the government “itself would have had to perform” the task
• concluding that a causal nexus was established because the work of defendants, “which was performed at the direction of [federal] officers under contract, was also the alleged cause of plaintiffs' personal injuries”
• holding defense was colorable insofar as it was an issue of first impression that had been accepted by other courts
• concluding the causal nexus test was satisfied for FAA employees against a company that remediated mold at their work site
• stating that a defendant seeking removal under § 1442(a)(1) must establish that it is a “person” who “acted under” a federal officer

Source: CourtListener parenthetical corpus (CC0).