Roberts v. Smith & Wesson Brands, Inc.

Dist. Ct. did not err in remanding to state court plaintiffs’ multi-consolidated lawsuit, seeking recovery against defendants-shooter, shooter’s father and gun manufacturer of gun used by shooter in Highland Park parade event. Plaintiffs alleged actions under Illinois Consumer Fraud and Deceptive Practices Act and Illinois Uniform Deceptive Trade Practices Act. Record showed that only three defendants moved for removal, and basis for remand order was provision in 28 USC section 1446(b)(B)(A),which requires consent of all defendants for removal, which did not occur here. Ct. of Appeals rejected defendants' arguments that necessity that all defendants agree to remove case did not apply, since: (1) defendant gun manufacturer qualified as entity acting under federal officer for purposes 28 USC section 1442(a)(1); or (2) instant removal was exempt from all-defendant consent under 28 USC section1441(c)(2) because federal issue was imbedded in underlying state-law claims.