Recently, in Moore v. Elec. Boat Corp., No. 21-1566, 2022 WL 278535 (1st Cir. Jan. 31, 2022), a government contractor-defendant successfully appealed remand based on 28 U.S.C. § 1442, the so-called Federal Officer Removal Statute.

Moore serves as a reminder – especially to asbestos defendants – that contractors acting under the direction of a branch of the military (or any U.S. agency) should determine the extent of the government’s involvement.  A fact-intensive inquiry, such evidence may be sufficient