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eBook details

• Title: Martin v. Franklin Capital Corporation
• Author : Supreme Court of the United States
• Release Date : January 07, 2005
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 75 KB

Description

A civil case commenced in state court may, as a general matter, be removed by the defendant to federal district court, if the case could have been brought there originally. 28 U. S. C. §1441 (2000 ed. and Supp. II). If it appears that the federal court lacks jurisdiction, however, "the case shall be remanded." §1447(c). An order remanding a removed case to state court "may require payment of just costs and any actual expenses, including attorney fees, incurred as a result of the removal." Ibid. Although §1447(c) expressly permits an award of attorneys fees, it provides little guidance on when such fees are warranted. We granted certiorari to determine the proper standard for awarding attorneys fees when remanding a case to state court.

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