The en banc Fifth Circuit held that state law claims may be removed to federal court where a defendant acted pursuant to a federal officer’s direction, the conduct from which the claims arise “is connected or associated with” an act pursuant to a federal officer’s directions, and the defendant raises a colorable federal defense. In so holding, the en banc court rejected prior Fifth Circuit precedent that required a “causal nexus” between the alleged conduct and a federal officer’s direction. The U.S. Chamber filed an amicus brief urging the court to adopt this approach.
