Trump (and Trump’s hotel) want to move unfair competition suit to federal court

For our readers who are following the many suits against Trump and are civil procedure buffs:

We've previously posted (here and here) about an unfair competition suit by a D.C. wine bar against Trump in his personal capacity and his new D.C. hotel. The suit was filed in local court in D.C. (the D.C. Superior Court). The complaint raises a single claim — unfair competition — under D.C. law. Trump and the hotel have removed the case from D.C. Superior Court to federal court in D.C. Trump says because he's president he is entitled to remove the suit under the federal officer removal statute, 28 U.S.C. 1442. The hotel says that although the suit arises solely under D.C. local law, it may remove the suit because (1) the wine bar's local-law claim raises disputed and substantial federal-law issues, and (2) removal would not disturb the balance between state and federal judicial responsibilities. The wine bar says all this is wrong and has moved to remand the case back to D.C. Superior Court.

To read the briefs on whether the case should go back to D.C. Superior Court, go hereherehere, and here.

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