Bruce Betzner v. Boeing Company
Bruce Betzner v. Boeing Company
Opinion
After Bruce and Barbara Betzner named Boeing as a defendant in their state court personal injury lawsuit, Boeing filed a notice of removal under the federal officer removal statute,
I. Background
The Betzners filed suit in the Third Judicial Circuit, Madison County, Illinois alleging that during the course of Bruce Betzner's employment, he was exposed to asbestos fibers emanating from certain products, which caused his mesothelioma. They further contended that defendants, including Boeing, manufactured these products.
Boeing filed a notice of removal under the federal officer removal statute alleging that Bruce's deposition and affidavit show the negligence claims arise from Bruce's work at Ling Temco Vought in Dallas, Texas from 1967 to 2015. Relevant to Boeing, Bruce was involved in the assembly of Boeing B-1 and B-1B Lancer heavy bomber aircraft manufactured for the United States Air Force from March 1982 to January 1987. Boeing asserts that when it entered into contracts with the United States government to design, manufacture, test, and supply B-1 and B-1B military aircraft, the government controlled the design and development of the aircraft and required adherence to its detailed specifications.
The Betzners did not file a motion to remand or challenge the factual allegations in the notice of removal. Instead, the district court, sua sponte , remanded the case concluding that it lacked subject-matter jurisdiction due to Boeing's failure to provide evidentiary support for its government contractor defense. The district court *1014 specifically stated "Boeing's 71-page Notice of Removal is devoid of any facts, supporting affidavits, or exhibits supporting its claimed government contractor defense" and "Boeing's bald assertions are insufficient to meet the criteria for federal officer jurisdiction." Without the benefit of a response brief, the district court also denied Boeing's Federal Rule of Civil Procedure 59(e) motion explaining it was "not required to take Boeing's allegations at face value" and that Boeing "simply did not provide sufficient information" for the court to conclude removal was proper.
II. Discussion
We review subject-matter jurisdiction and the propriety of the removal of a state-court action
de novo
.
Crosby v. Cooper B-Line, Inc.
,
We begin by correcting the district court's misimpression that Boeing was initially required to submit evidence to support its notice of removal. The general statute governing the removal of civil actions requires a defendant to file a notice of removal "containing a short and plain statement of the grounds of removal."
Dart Cherokee Basin Operating Co. v. Owens
, --- U.S. ----,
Dart Cherokee's
holding is not limited to amount-in-controversy allegations as the district court suggested. After
Dart Cherokee
, for example, we applied its holding beyond amount-in-controversy allegations when discussing admiralty jurisdiction as a basis of removal.
Lu Junhong v. Boeing Co.
,
*1015
We thus review Boeing's allegations in its § 1442(a) notice of removal under the federal pleading standards.
See
Ashcroft v. Iqbal
,
Corporations are persons under § 1442(a), and so, Boeing has easily satisfied the "person" requirement within the meaning of the federal officer removal statute.
See
Panther Brands,
Next, Boeing has sufficiently alleged it was "acting under" the United States, its agencies, or its officers. "Acting under" includes situations "where the federal government uses a private corporation to achieve an end it would have otherwise used its own agents to complete."
Ruppel
,
Boeing has also plausibly alleged the "acting under the color of federal authority" requirement, which "is distinct from the 'acting under' requirement in the same way a bona fide federal officer could not remove a trespass suit that occurred while he was taking out the garbage-there must be a 'causal connection between the charged conduct and asserted official authority.' "
Ruppel
,
Further, Boeing's notice of removal sets forth sufficient factual details regarding its government contractor defense.
2
The colorable federal defense requirement fulfills Article III jurisdiction and reflects Congress's intent to have federal defenses litigated in federal court.
Id
. at 1182. "Requiring the defense only be colorable, instead of 'clearly sustainable,' advances this goal" and "at this point, we are concerned with who makes the ultimate determination, not what that determination will be."
Id
. (internal citations omitted);
see also
Willingham
,
The government contractor defense shields contractors from tort liability if they manufacture products for the government in accordance with precise government specifications.
Hercules, Inc. v. United States
,
Boeing's plausible allegations include that when designing, manufacturing, supplying, testing, and repairing the B-1 and B-1B aircraft it acted as a government contractor under the detailed and ongoing direction and control of the United States military. Boeing also claimed that the military had exclusive control over the design and development of the aircraft and required adherence to precise specifications. Additionally, Boeing alleged the aircraft it manufactured conformed to the military's specifications and the federal government was independently aware of the potential health hazards related to asbestos exposure.
Because Boeing's allegations supporting its § 1442(a) notice of removal are plausible on their face, this case belongs in federal court. Accordingly, the district court erred in concluding that Boeing was required to submit evidence to support its removal allegations.
III. Conclusion
We REVERSE the judgment of the district court and REMAND for further proceedings consistent with this opinion.
In most removed cases,
On appeal, the Betzners do not address whether Boeing plausibly alleged its government contractor defense under Rule 8(a), but rather they argue that the record was devoid of a factual basis to determine any such defense. They further assert "Boeing relied on its bare assertions without sufficient evidence in its Notice of Removal."
Reference
- Full Case Name
- Bruce BETZNER and Barbara Betzner, Plaintiffs-Appellees, v. the BOEING COMPANY, Defendant-Appellant.
- Cited By
- 49 cases
- Status
- Published