Winters v. Diamond Shamrock Chemical Co.

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 government contractor that supplied Agent Orange was a “person” that could invoke federal officer' removal statute
• suggesting that “collateral estoppel may not be applied offensively to a jurisdictional decision—such as one granting a motion to remand—that is not capable of being subjected to appellate review”
• authorizing removal of a tort suit against private defense contractors that manufactured Agent Orange
• providing the Federal Officer Removal Statute allows for removal when “a federal official is entitled to raise a defense arising out of his official duties”
• finding “causal nexus” between government’s direction to defendant to not place warnings on Agent Orange containers and plaintiffs failure-to-warn claims
• explaining it is a defendant’s burden to show federal jurisdiction even where the federal-officer-removal statute is invoked

Source: CourtListener parenthetical corpus (CC0).