Panther Brands, LLC v. Indy Racing League, LLC

Federal 7th Circuit Court
Civil Court
Removal Jurisdiction
Citation
Case Number: 
No. 15-1818
Decision Date: 
June 27, 2016
Federal District: 
S.D. Ind., Indianapolis Div.
Holding: 
Vacated and remanded

Dist. Ct. lacked jurisdiction over plaintiff’s breach of contract and interference of contract claims against defendant arising out of plaintiff’s contention that plaintiff had conspired with third-party to convince National Guard to sponsor third-party at various Indy Car races instead of sponsoring plaintiff as Guard had previously done, where said action had been removed to Dist. Ct. While plaintiff’s amended complaint alleged that alleged conspiracy agreement violated “multiple federal statures and regulations,” essence of complaint alleged only state-law causes of action that would not support removal jurisdiction. Moreover, defendants could not invoke jurisdiction under federal officer statute (28 USC section 1442), even though one defendant gathered bids for Guard’s sponsorship, since said defendant was not “federal officer” for purposes of section 1442, where his actions fell short of closely monitored relationship necessary between private citizen and federal agency to support section 1442 jurisdiction.