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GOVERNMENT OF PUERTO RICO v. EXPRESS SCRIPTS

No. 23-1612, No. 23-1613.

119 F.4th 174 (2024)

GOVERNMENT OF PUERTO RICO, Plaintiff, Appellee, v. EXPRESS SCRIPTS, INC.; CaremarkPCS Health, LLC; and Caremark Puerto Rico, LLC, Defendants, Appellants, Eli Lilly and Company; Eli Lilly Export S.A.; Novo Nordisk Inc.; Sanofi-Aventis U.S., LLC; Sanofi-Aventis Puerto Rico Inc.; and Optumrx, Inc., Defendants.

United States Court of Appeals, First Circuit.

October 18, 2024.

Attorney(s) appearing for the Case

Jason R. Scherr, with whom Stephanie Schuster, Patrick A. Harvey, Lindsey T. Levy, Morgan, Lewis & Bockius LLP, Carlos A. Valldejuly-Sastre, Ricardo J. Casellas-Santana, and O'Neill & Borges LLC, were on brief, for appellant Express Scripts, Inc.

A. Joshua Podoll, with whom Enu Mainigi, Craig Singer, Williams & Connolly LLP, Eduardo A. Zayas-Marxuach, and McConnell Valdés LLC were on brief, for appellants CaremarkPCS Health, LLC, and Caremark Puerto Rico, LLC.

Louis Bograd, with whom Motley Rice LLC, Andrés W. López, and The Law Offices of Andrés W. López, P.S.C., were on brief for appellee.

Before Gelpí, Thompson, and Montecalvo, Circuit Judges.

This appeal is about 28 U.S.C. § 1442 — the "federal officer removal statute." This statute allows private actors to remove a lawsuit against them to federal court if they demonstrate that (1) they acted under a federal officer's authority, (2) they carried out the charged conduct in relation to the asserted...

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