The County Board of Arlington County v. Express Scripts Pharmacy, Inc., No. 20-1031 (4th Cir. 2021)Annotate this Case
Arlington filed suit against opioid manufacturers, distributers, and pharmacies, including the ESI Defendants, in state court for causing, or contributing to, the opioid epidemic in Arlington County. The ESI Defendants removed to federal court pursuant to the federal officer removal statute, claiming that their operation of the TRICARE Mail Order Pharmacy (TMOP) as a subcontractor to a contract between their corporate affiliate and the Department of Defense (DOD) satisfied each of the statute's requirements. The district court granted Arlington's motion to remand back to state court.
The Fourth Circuit reversed, holding that the ESI defendants satisfied the requirements of the federal officer removal statute. The court concluded that the ESI Defendants met their burden of showing that they were "acting under" DOD in operating the TMOP in accordance with the DOD contract. Although the district court did not address the other two requirements of the federal officer removal statute—possession of a colorable federal defense and a causal relationship between the government-directed conduct and the plaintiffs' claims—the court found that judicial economy favors resolution of those questions without a time-consuming and costly remand. On the merits, the court concluded that the ESI Defendants also satisfied these two requirements. Accordingly, the court remanded for further proceedings.