Panther Brands, LLC v. Indy Racing League, LLC, 827 F.3d 586 (7th Cir. 2016). · Go Syfert
Panther Brands, LLC v. Indy Racing League, LLC, 827 F.3d 586 (7th Cir. 2016). Cases Citing This Book View Copy Cite
“the fact that federal regulations . . . may have some bearing on the case tells us nothing about jurisdiction; the question remains whether the claim is based on state or federal law.”
41 citation events (41 in the last 25 years) across 7 distinct courts.
Strongest positive: GTS Securities, LLC v. CBOE Exchange, Inc. (ilnd, 2025-08-14) · Strongest negative: WHITAKER-PINE v. BOARD OF TRUSTEES OF THE FLAVIUS J. WITHAM MEMORIAL HOSPITAL (insd, 2024-02-06)
Treatment trajectory · 2018 → 2026 · click a year to view as-of
2018 2022 2026
Top citers, strongest first. 22 distinct citers. How cited ↗
discussed Cited "but see" WHITAKER-PINE v. BOARD OF TRUSTEES OF THE FLAVIUS J. WITHAM MEMORIAL HOSPITAL
S.D. Ind. · 2024 · signal: but see · confidence high
But see Panther Brands, LLC v. Indy Racing League, LLC, 827 F.3d 586, 590 (7th Cir. 2016) (holding that although "private contractors performing tasks for the government are sometimes covered under section 1442," it is possible to "take this idea too far").
discussed Cited "but see" West Virginia State University v. The Dow Chemical Company
4th Cir. · 2022 · signal: but see · confidence high
See Watson, 551 U.S. at 152 (holding that “acting under must involve an effort to assist, or to help carry out, the federal superior’s duties or tasks.”) (emphasis in original); but see Panther Brands, LLC v. Indy Racing League, LLC, 827 F.3d 586, 590 (7th Cir. 2016) (holding that “merely being subject to federal regulations or performing some functions that the government agency controls is not enough to transform a private entity into a federal officer.”). b.
discussed Cited "but see" West Virginia State University v. The Dow Chemical Company
4th Cir. · 2022 · signal: but see · confidence high
See Watson, 551 U.S. at 152 (holding that “acting under must involve an effort to assist, or to help carry out, the federal superior’s duties or tasks.”) (emphasis in original); but see Panther Brands, LLC v. Indy Racing League, LLC, 827 F.3d 586, 590 (7th Cir. 2016) (holding that “merely being subject to federal regulations or performing some functions that the government agency controls is not enough to transform a private entity into a federal officer.”). b.
discussed Cited as authority (verbatim quote) GTS Securities, LLC v. CBOE Exchange, Inc.
N.D. Ill. · 2025 · quote attribution · 1 verbatim quote · confidence high
the fact that federal regulations . . . may have some bearing on the case tells us nothing about jurisdiction; the question remains whether the claim is based on state or federal law.
cited Cited as authority (rule) Corey D. Richmond v. Equity Prime Mortgage and Midland Mortgage
N.D. Ill. · 2026 · confidence medium
Panther Brands, LLC v. Indy Racing League, LLC, 827 F.3d 586, 589 (7th Cir. 2019).
discussed Cited as authority (rule) Rogers v. Roxana Church of the Nazarene
S.D. Ill. · 2024 · confidence medium
While the Church is a religious organization and the doctrine of “church autonomy” exists, the complaint itself was not “federal in character.” See Panther Brands, LLC v. Indy Racing League, LLC, 827 F.3d 586, 589 (7th Cir. 2016).
discussed Cited as authority (rule) DOE v. MARGARET MARY COMMUNITY HOSPITAL INC.
S.D. Ind. · 2024 · confidence medium
At least in some cases, then—in particular, those where a wartime manufacturer is making goods under contract for the U.S. government—"private contractors performing tasks for the government are sometimes covered under section 1442." Panther Brands, LLC v. Indy Racing League, LLC, 827 F.3d 586, 590 (7th Cir. 2016).
discussed Cited as authority (rule) Doe, John v. Gundersen Lutheran Health System, Inc.
W.D. Wis. · 2024 · confidence medium
The district court also discussed how, “at least in some [Seventh Circuit] cases, then—in particular, those where a wartime manufacturer is making goods under contract for the U.S. government—‘private contractors performing tasks for the government are sometimes covered under section 1442.’” Id. (quoting Panther Brands, LLC v. Indy Racing League, LLC, 827 F.3d 586, 590 (7th Cir. 2016)).
discussed Cited as authority (rule) CHIARO v. THE METHODIST HOSPITALS, INC.
S.D. Ind. · 2023 · confidence medium
In contrast, the Seventh Circuit has held, in line with Watson, that "merely being subject to federal regulations or performing some functions that the government agency controls is not enough to transform a private entity into a federal officer." Panther Brands, LLC v. Indy Racing League, LLC, 827 F.3d 586, 590 (7th Cir. 2016).
discussed Cited as authority (rule) LAMARR v. GOSHEN HEALTH SYSTEM, INC.
S.D. Ind. · 2023 · confidence medium
At least in some cases, then—in particular, those where a wartime manufacturer is making goods under contract for the U.S. government—"private contractors performing tasks for the government are sometimes covered under section 1442." Panther Brands, LLC v. Indy Racing League, LLC, 827 F.3d 586, 590 (7th Cir. 2016).
discussed Cited as authority (rule) ELKINS v. SOUTHEASTERN INDIANA HEALTH MANAGEMENT INC. D/B/A COLUMBUS REGIONAL HEALTH
S.D. Ind. · 2023 · confidence medium
At least in some cases, then—in particular, those where a wartime manufacturer is making goods under contract for the U.S. government—"private contractors performing tasks for the government are sometimes covered under section 1442." Panther Brands, LLC v. Indy Racing League, LLC, 827 F.3d 586, 590 (7th Cir. 2016).
discussed Cited as authority (rule) Aurora Health Care Inc v. Blue Cross Blue Shield of Wisconsin (2×) also: Cited "see"
E.D. Wis. · 2023 · confidence medium
(ECF No. 1.) This statute “permits removal to federal court of an action against ‘the United States or any agency thereof or any officer (or any person acting under that officer) of the United States or of any agency thereof, in an official or individual capacity, for or relating to any act under color of such office.’” Panther Brands, LLC v. Indy Racing League, LLC, 827 F.3d 586, 589 (7th Cir. 2016) (quoting 28 U.S.C. § 1442 (a)(1)).
cited Cited as authority (rule) Allison v. City of Bridgeport
S.D. Ill. · 2022 · confidence medium
“The federal question must appear in the well-pleaded complaint; a federal defense will not do.” Panther Brands, LLC v. Indy Racing League, LLC, 827 F.3d 586, 589 (7th Cir. 2016).
discussed Cited as authority (rule) Tidwell v. Conner
S.D. Ill. · 2022 · confidence medium
Although the Court would have jurisdiction over any claims arising under the Constitution, the federal question “must appear in the well- pleaded [C]omplaint.” Panther Brands, LLC v. Indy Racing League, LLC, 827 F.3d 586, 589 (7th Cir. 2016); see also 28 U.S.C. § 1331 .
discussed Cited "see" JACKSON COUNTY BANK v. DUSABLON
S.D. Ind. · 2019 · signal: see · confidence high
See Panther Brands, LLC v. Indy Racing League, LLC, 827 F.3d 586, 589 (7th Cir. 2016) (holding in a breach of contract action that an allegation that a defendant violated federal statutes is insufficient to create subject-matter jurisdiction).
discussed Cited "see" Jackson County Bank v. Mathew DuSablon
7th Cir. · 2019 · signal: see · confidence high
See Panther Brands, LLC v. Indy Racing League, LLC , 827 F.3d 586 , 589 (7th Cir. 2016) (holding in a breach of contract action that an allegation that a defendant violated *425 federal statutes is insufficient to create subject-matter jurisdiction).
discussed Cited "see" Jackson County Bank v. Mathew DuSablon
7th Cir. · 2019 · signal: see · confidence high
See Panther Brands, LLC v. Indy Racing League, LLC, 827 F.3d 586, 589 (7th Cir. 2016) (holding in a breach of contract action that an allegation that a defendant violated federal statutes is in- sufficient to create subject-matter jurisdiction).
discussed Cited "see" Jackson County Bank v. Mathew DuSablon
7th Cir. · 2019 · signal: see · confidence high
See Panther Brands, LLC v. Indy Racing League, LLC, 827 F.3d 586, 589 (7th Cir. 2016) (holding in a breach of contract action that an allegation that a defendant violated federal statutes is in- sufficient to create subject-matter jurisdiction).
cited Cited "see" Bruce Betzner v. Boeing Company
7th Cir. · 2018 · signal: see · confidence high
See Panther Brands, 827 F.3d at 590 ; Ruppel , 701 F.3d at 1181 .
cited Cited "see" Bruce Betzner v. Boeing Company
7th Cir. · 2018 · signal: see · confidence high
See Panther Brands, 827 F.3d at 590 ; Ruppel, 701 F.3d at 1181 .
cited Cited "see" Bruce Betzner v. Boeing Company
7th Cir. · 2018 · signal: see · confidence high
See Panther Brands, 827 F.3d at 590 ; Ruppel, 701 F.3d at 1181 .
cited Cited "see" Bruce Betzner v. Boeing Company
7th Cir. · 2018 · signal: see · confidence high
See Panther Brands, 827 F.3d at 590 ; Ruppel, 701 F.3d at 1181 .
Retrieving the full opinion text from the archive…
PANTHER BRANDS, LLC
v.
INDY RACING LEAGUE, LLC, doing business as IndyCar
No. 15-1818.
Court of Appeals for the Seventh Circuit.
Jun 27, 2016.
827 F.3d 586
James R. Fisher, Miller & Fisher, Indianapolis, IN, for Plaintiffs-Appellants Panther Brands, LLC and Panther Racing, LLC., Angela Pease Krahulik, David M. Mat-tingly, Elizabeth Timme, Jenny R. Buch-heit, Ice Miller LLP, Indianapolis, IN, for Defendant-Appellee Indy Racing League, LLC, doing business as IndyCar., Charles Chejfec, Aharon Kaye, Janet Widmaier, Katten Muchin Rosenman LLP, Chicago, IL, for Defendant-Appellee Ra-hal Letterman Lanigan Racing, LLC., Laura S. Reed, Sarah T. MacGill, Riley Bennett & Egloff, LLP, Indianapolis, IN, for Defendant-Appellee Document and Packaging Brokers, Inc., doing business as Docupak.
Bruce, Easterbrook, Wood.
Cited by 22 opinions  |  Published
WOOD, Chief Judge.

This case arises from the world of auto racing and the sponsorships that go along with it, but it is in the wrong court. Panther Brands is a marketing and brand management company. In 2013, Panther signed a contract with IndyCar, which authorizes the Indy Racing League car series, to purchase various marketing benefits to provide to its team sponsor. The benefits included access to coveted space in the “Fan Village” at IndyCar racing events, an area where sponsors set up displays to attract fans. The Army National Guard (“the Guard”) had been Panther’s team sponsor from 2008 to 2013. After it signed the 2013 contract, Panther learned that[*589] another team, Rahal Letterman Lanigan Racing (“RLL Racing”), intended to provide the Guard with Fan Village space as a sponsorship benefit.

Believing that RLL Racing had conspired with IndyCar and a bid management agency called Docupak to persuade the Guard to sponsor RLL Racing instead of Panther, Panther brought suit in state court against RLL Racing, Docupak, Indy-Car, and active-duty Guard member John Metzler, who acted as the liaison between the Guard and Panther. The defendants removed the case to federal court, where the United States was substituted as a party for Metzler, see 28 U.S.C. § 2679(d); Panther then filed an amended complaint that did not name either Metzler or the United States. The district court dismissed the complaint against RLL Racing, Indy-Car, and Docupak pursuant to Federal Rule of Civil Procedure 12(b)(6), and found the United States’s motion to dismiss for lack of jurisdiction moot. Because the basis for federal jurisdiction disappeared when Panther amended its complaint, we vacate the district court’s decision and remand for dismissal for lack of jurisdiction.

I

The Appellees offer several bases for federal subject-matter jurisdiction over this dispute: removal based on the existence of federal-question jurisdiction, 28 U.S.C. §§ 1331, 1441; federal officer removal, id. § 1442; and the Westfall Act, id. § 2679. None succeeds.

A

A defendant may remove a lawsuit to federal court under 28 U.S.C. § 1441 when there is a claim that “arises under the Constitution, laws, or treaties of the United States.” Id. § 1441(c)(1)(A). The federal question must appear in the well-pleaded complaint; a federal defense will not do. See id. (referring to 28 U.S.C. § 1331); Rivet v. Regions Bank of Louisiana, 522 U.S. 470, 475, 118 S.Ct. 921, 139 L.Ed.2d 912 (1998). Panther’s amended complaint asserts that RLL Racing and Metzler formed an agreement that violated “multiple federal statutes and regulations.” IndyCar regards this as an adequate jurisdictional allegation, but it is not. The fact that federal regulations (such as those affecting the Guard’s contracts) may have some bearing on the case tells us nothing about jurisdiction; the question remains whether the claim is based on state or federal law. See Nuclear Eng’g Co. v. Scott, 660 F.2d 241, 249 (7th Cir. 1981) (finding no federal jurisdiction over claims “predicated upon state law that at most incorporates federal law in certain tangential respects”). Panther’s complaint alleges breach of contract, interference with contract, unjust enrichment and conversion, and unfair competition and bid rigging. These are all state-law theories, and none is “essentially federal in character.” Id. Jurisdiction under sections 1331 and 1441 is therefore lacking.

B

The Appellees also invoke 28 U.S.C. § 1442, the federal officer statute, as a basis for subject-matter jurisdiction. Section 1442 permits removal to federal court of an action against “[t]he United States or any agency thereof or any officer (or any person acting under that officer) of the United States or of any agency thereof, in an official or individual capacity, for or relating to any act under color of such office[.]” 28 U.S.C. § 1442(a)(1). Federal-officer removal is possible when (1) the defendant is a “person” within the meaning of the statute, (2) the defendant is “actfing] under” some entity of the United States, (3) the defendant is acting under color of federal authority, and (4) the de[*590] fendant has a colorable federal defense. Ruppel v. CBS Corp., 701 F.3d 1176, 1180-81 (7th Cir. 2012).

IndyCar and the other appellees contend that Docupak acted as a federal officer and thus that this was a valid basis for their removal. We accept that Docupak is a “person” within the meaning of section 1442, according to the law of this Circuit. 'Id. at 1181; contra Roche v. Am. Red Cross, 680 F.Supp. 449, 455 (D. Mass. 1988) (concluding that “the text of section 1442 suggests that only natural persons are covered”). But we run into trouble when we consider whether Docupak was acting for a governmental entity and under color of federal authority.

Docupak says that it “acted under” the Guard by collecting and summarizing bids for the Guard’s sponsorship. There are indeed cases supporting this form of removal “where the federal government uses a private corporation to achieve an end it would have otherwise used its own agents to complete.” Id. The Supreme Court applied this doctrine in decisions finding persons to be acting under federal entities when assisting in distillery raids during Prohibition. Maryland v. Soper, 270 U.S. 9, 30, 46 S.Ct. 185, 70 L.Ed. 449 (1926); Davis v. State of S. Carolina, 107 U.S. 597, 600, 2 S.Ct. 636, 27 L.Ed. 574 (1883); Tennessee v. Davis, 100 U.S. 257, 261, 25 L.Ed. 648 (1879). Other courts have held that private entities were acting under the federal government or its agencies for federal-officer removal purposes when providing benefits to federal employees under the direction of the Office of Personnel Management, Jacks v. Meridian Res. Co., LLC, 701 F.3d 1224, 1234 (8th Cir. 2012); when manufacturing Agent Orange for the United States, Winters v. Diamond Shamrock Chem. Co., 149 F.3d 387, 399-400 (5th Cir. 1998); and when operating environmental preserves pursuant to National Oceanic and Atmospheric Administration grants, Town of Davis v. W. Virginia Power & Transmission Co., 647 F.Supp.2d 622, 630 (N.D. W. Va. 2007).

We grant that private contractors performing tasks for the government are sometimes covered under section 1442, but Appellees take this idea too far. We held in Lu Junhong v. Boeing Co., 792 F.3d 805, 810 (7th Cir. 2015), that merely being subject to federal regulations or performing some functions that the government agency controls is not enough to transform a private entity into a federal officer. Indeed, in Watson v. Philip Morris Cos., Inc., 551 U.S. 142, 127 S.Ct. 2301, 168 L.Ed.2d 42 (2007), the Supreme Court held that “the fact that a federal regulatory agency directs, supervises, and monitors a company’s activities in considerable detail” does not suffice to make that company a “person acting under” a federal officer. Id. at 145, 127 S.Ct. 2301. Docupak’s activities on behalf of the Guard fell far short of the closely monitored and highly regulated relationships involved in the distillery, federal benefits, Agent Orange, or oceanic preserves eases on which it relies. Neither did the Guard delegate any rulemaking authority to Docupak, which we have suggested might make a difference. See Lu Junhong, 792 F.3d at 810. Jurisdiction under the federal-officer removal statute was thus also unavailable.

C

Finally, IndyCar argues that the Westfall Act, 28 U.S.C. § 2679, furnishes jurisdiction for its case. That statute immunizes federal employees acting within the scope of their employment from an action for damages through the device of substituting the United States as the party defendant, so long as the suit is not for a constitutional violation or otherwise statutorily authorized against a government[*591] employee. 28 U.S.C. § 2679(b)(2), (d). Once the Attorney General certifies that the named employee was acting within the scope of his office or employment, federal jurisdiction becomes exclusive. See Osborn v. Haley, 549 U.S. 225, 242, 243, 127 S.Ct. 881, 166 L.Ed.2d 819 (2007) (“For purposes of establishing a forum to adjudicate the case, however, § 2679(d)(2) renders the Attorney General’s certification dispos-itive ... Congress has barred a district court from passing the case back to the state court where it originated based on the court’s disagreement with the Attorney General’s scope-of-employment determination.”). If after full consideration, the district court determines that a Westfall defendant committed tortious conduct outside the scope of his federal employment, the court may retain jurisdiction, because a significant federal question — whether the employee had Westfall Act immunity— would have been present in the case from the outset. Id. at 244-45, 127 S.Ct. 881.

The case before us does not fit that pattern. After the United States (standing in for Metzler) was eliminated as a party as a result of Panther’s amendment of the complaint, the basis for federal jurisdiction disappeared. This is so even accepting that Westfall Act removal was appropriate initially.

II

Because we find the district court had no jurisdiction over this dispute, we vaoate the district court’s judgment and remand for dismissal op that basis.