13 June 2007

A Little Civ Pro Does a Body Good

There was an interesting Supreme Court decision published Monday where Philip Morris tried (and failed) to argue that because it used the government's method of testing cigarettes, it fell under a statute that allowed removal to federal court when someone acted "under" a federal officer. The opinion talks a lot about federal officers being accused of murder during prohibition and using the statute to get their murder cases removed to federal court. I'm not entirely sure how I feel about this use of the statute, although I suppose the climate was different then and states had less respect for the federal government than they do now. A federal court (and its jury) might have more sympathy for a federal agent than a state agent would.
The opinion is pretty short and worth reading in my opinion. Who knows, maybe it will be used to torture first generations of law students for generations to come.

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