United States Seventh Circuit

District court order barring plaintiff's petition for attorney's fees for defendant's attempted removal is reversed where removal was foreclosed by clearly established law at the time defendant filed his notice in federal court, and thus defendant lacked an objectively reasonable basis for seeking removal and the court can award attorney's fees under 28 U.S.C. sec. 1447(c).

Appellate Information

• Argued 05/28/2009
• Decided 07/23/2009
• Published 07/23/2009

Judges

• FLAUM, Circuit Judge., Before BAUER, FLAUM, and KANNE, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Jason P. Shaffer, Katten Muchin Rosenman, Chicago, IL, Peter W. Homer (argued), Homerbonner, P.A., Miami, FL, for Plaintiffs-Appellants.


• For Appellees:
  
• Kenneth F. Berg (argued), Ulmer & Berne, Chicago, IL, Jeffrey Schulman, Wolin, Kelter & Rosen, Chicago, IL, for Defendants-Appellees.