United States Second Circuit
Castillo Grand, LLC v. Sheraton Operating Corporation, 11-2457
The district court's order awarding defendant $200,000 in attorney's fees and $30,000 in costs, is vacated and remanded with directions to delete the award of attorney's fees, where: 1) 28 U.S.C. section 1919 does not authorize an award of attorney's fees; and 2) although such fees may be awarded on a non-statutory basis for bad faith in the conduct of litigation, fees were not warranted under the circumstances of this case, where plaintiff re-filed a lawsuit after non-diverse members of a limited liability corporation were dropped in an attempt to invoke diversity of citizenship jurisdiction.
Appellate Information
- Decided 06/18/2013
- Published 06/18/2013
Judges
- NEWMAN
Court
- United States Second Circuit