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Kelly v. Martin and Bailey

Topic(s): Court Procedure, Federal Jurisdiction, and Appellate Jurisdiction
Status: open
Date Of Involvement: 05/26/2006
Docket: 06-1756

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In this case, a district court in Illinois followed the 8th Circuit's decision in Watson v. Philip Morris and held that Philip Morris was entitled to remove cases brought against it in state court to federal court on the theory that it was acting under the direction of a federal officer in marketing light cigarettes. The Illinois district court decision was appealed to the U.S. Court of Appeals for the 7th Circuit, and Public Citizen filed a brief in support of the plaintiffs, who want the case remanded to state court.

On September 19, 2007, after the Supreme Court reversed the decision in the Watson case, the Seventh Circuit similarly held in this case that the cigarette companies could not invoke the federal officer removal statute, accepting the arguments in our amicus brief.