Crady v. 3M

After Jason Crady, a Missouri EMT, paramedic, and firefighter, was diagnosed with thyroid cancer, he and his wife filed a state-law lawsuit in Missouri state court, arguing that his cancer was caused by carcinogenic per- and polyfluoroalkyl substances (PFAS) contained in products, gear, and equipment manufactured and distributed by, among others, the company 3M. 3M removed the Cradys’ case to federal court, asserting that the case related to action it took under the direction of federal officers—specifically, its production aqueous film-forming foam (AFFF) for the U.S. military, thus establishing jurisdiction under 28 U.S.C. 1442(a), the federal-officer removal statute. The Cradys removed to remand, expressly disclaiming any recovery for exposure to military-specification AFFF. The district court agreed that section 1442(a) did not apply, and 3M appealed to the Eighth Circuit.

Public Citizen filed an amicus brief in the Eighth Circuit in support of affirmance. Our brief explained that removal under section 1442 requires a relationship between official acts and the conduct challenged by the plaintiff, and that the fact that unchallenged conduct may also have contributed to the plaintiff’s injury is irrelevant. We also explained that there can be no colorable federal-contractor defense where the plaintiff is not asserting claims based on acts taken in a defendant’s capacity as a federal contractor. Here, we argued, that means there is no Article III jurisdiction.