No. 18-83

Stephen Busch, et al. v. Tamara Nappier, et al.

Lower Court: Sixth Circuit
Docketed: 2018-07-17
Status: Denied
Type: Paid
Experienced Counsel
Tags: circuit-split delegation-of-authority doubts-against-removal doubts-in-favor-of-federal-jurisdiction facial-challenge federal-jurisdiction federal-officer-removal removal-notice
Key Terms:
Environmental SocialSecurity Privacy ClassAction JusticiabilityDoctri
Latest Conference: 2018-09-24
Question Presented (AI Summary)

Whether a court resolves all doubts against removal and in favor of remand, or accepts the removal notice's allegations as true and resolves all doubts in favor of federal jurisdiction

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether, in the context of a facial challenge to a federal-officer removal, a court resolves all doubts against removal and in favor of remand, as the Sixth Circuit has held, or instead accepts the removal notice’s allegations as true and resolves all doubts in favor of federal jurisdiction, as held by the Third, Fourth, Fifth, Seventh, Ninth, and Eleventh Circuits. 2. Whether federal-officer removal is appropriate when an individual has performed duties a federal agency or officer would otherwise have to perform absent a delegation of authority, as the Third, Fifth, Seventh, and Eleventh Circuits have held, or whether the performance of such duties is merely a factor in the jurisdictional analysis, as the Sixth Circuit has held.

Docket Entries

2018-10-01
Petition DENIED.
2018-08-29
DISTRIBUTED for Conference of 9/24/2018.
2018-07-11
Petition for a writ of certiorari filed. (Response due August 16, 2018)

Attorneys

Stephen Busch, et al.
John J. BurschBursch Law PLLC, Petitioner
John J. BurschBursch Law PLLC, Petitioner