Lisa Watson, et al. v. Philip Morris Companies, Inc., et al. (551 U.S. 142)
U.S. Supreme Court · decided June 11, 2007 · Supreme Court Database (Spaeth)
- Citation
- 551 U.S. 142 · 127 S. Ct. 2301
- Decided
- June 11, 2007
- Term
- October Term 2006
- Vote
- 9–0
- Majority author
- Justice Breyer
- Issue area
- Judicial Power
- Disposition
- Reversed and remanded
- Outcome
- Petitioning party won
- Ideological direction
- Liberal
Opinion excerpt
Justice Breyer delivered the opinion of the Court. The federal officer removal statute permits a defendant to remove to federal court a state-court action brought against the “United States or any agency thereof or any officer (or any person acting under that officer) of the United States or of any agency thereof, sued in an official or individual capacity for any act under color of such office ....” 28 U. S. C. § 1442(a)(1) (emphasis added). The question before us is whether the fact that a federal regulatory agency directs, supervises, and monitors a company’s activities in considerable detail brings that company within the scope of the italicized language (“acting under” an “officer” of the United States) and thereby permits removal. We hold that it does not. I Lisa Watson and Loretta Lawson, the petitioners, filed a civil lawsuit in Arkansas state court claiming that the Philip Morris Companies, the respondents, violated state laws prohibiting unfair and deceptive business practices. The complaint focuses upon advertisements and packaging that describe certain Philip Morris brand cigarettes (Marlboro and Cambridge Lights) as “light,” a term indicating lower tar and nicotine levels than those present in other cigarettes. More specifically, the complaint refers to the design and performance of Philip Morris cigarettes that are tested in accordance with the Cambridge Filter…
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