United States Sixth Circuit

In an action arguing that defendant-town Board of Trustees violated the Ohio Open Meetings Law when it terminated plaintiff's employment without allowing her to respond to the allegations against her at a public hearing, a decision remanding the case to state court after it had been previously removed, but denying plaintiff fees and costs, is vacated as to the denial of fees and costs where the lower court applied the incorrect legal standard to the fees request, and the basis for defendants' removal was not "objectively reasonable" under the circumstances.

Appellate Information

• Decided 12/15/2008
• Published 12/15/2008

Judges

• Before:  MARTIN and GILMAN, Circuit Judges;  DOWD, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  James E. Melle, Buckley King, Columbus, Ohio, for Appellant.  David A. Riepenhoff, Downes, Hurst & Fishel, Columbus, Ohio, for Appellee.   ON BRIEF:  James E. Melle, Buckley King, Columbus, Ohio, for Appellant.  David A. Riepenhoff, Cheri B. Hass, Downes, Hurst & Fishel, Columbus, Ohio, for Appellee.