Health Care Service Corporation v. Pollitt
Issues
Whether a government contractor who provides insurance coverage to federal employees is entitled to remove a complaint against it to federal court under either the “complete preemption” doctrine with respect to the Federal Employees Health Benefits Act (“FEHBA”) or the federal officer removal statute?
In 2007, Juli Pollitt sued Health Care Service Corporation (“HCSC”) in state court for bad-faith insurance practices. HCSC removed the case to federal court, where it was dismissed because the court reasoned that the Federal Employees Benefit Act preempted the case. Pollitt appealed, and the Seventh Circuit vacated the lower court decision, holding that removal was inappropriate because the claim was not “completely preempted” by federal law. The Seventh Circuit added that whether the federal officer removal statute applied here was a question of fact and remanded the case for further proceedings. The Supreme Court decision will decide whether a government contractor who provides insurance coverage to federal employees is entitled to remove a suit under either the “complete preemption” doctrine or the federal officer removal statute. This decision is of great importance to all businesses that contract with the federal government.
Questions as Framed for the Court by the Parties
1. Whether the Federal Employees Health Benefits Act ("FEHBA"), 5 U.S.C. §§ 8901-14, completely preempts -- and therefore makes removable to federal court -- a state court suit challenging enrollment and health benefits determinations that are subject to the exclusively federal remedial scheme established in FEHBA.
2. Whether the federal officer removal statute, 28 U.S.C. § 1442(a)(1), which authorizes federal removal jurisdiction over state court suits brought against persons "acting under" a federal officer when sued for actions "under color of [federal] ... office," encompasses a suit against a government contractor administering a FEHBA plan, where the contractor is sued for actions taken pursuant to the government contract.
Respondent, Juli Pollitt (“Pollitt”), sued her health care insurance carrier, Petitioner, Health Care Service Corporation (“HCSC”), in state court for bad-faith conduct by insurers. See Pollitt v. Health Care Service Corp., 558 F.3d 615, 616 (7th Cir.
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Additional Resources
• Wex: Law about Jurisdiction
• Wex: Law about Removal
• The National Underwriter: Labor’s Own Benefits Problems Reach Supreme Court