United States Ninth Circuit

In an appeal by putative class representatives in wage dispute litigation, denial of their request for attorney's fees following a successful motion to remand the underlying action after it had been removed by defendant pursuant to the Class Action Fairness Act (CAFA) is affirmed where the district court did not abuse its discretion in finding that, given the lack of clarity in the law at the time, defendant's removal arguments were not unreasonable.

Appellate Information

• Argued 02/06/2008
• Decided 03/07/2008
• Published 03/07/2008

Judges

• RYMER, Circuit Judge:, Before:  PAMELA ANN RYMER and RICHARD A. PAEZ, Circuit Judges, and CORMAC J. CARNEY, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• J. Dana Pinney, Bailey, Pinney & Associates LLC, Vancouver, WA, Jacqueline L. Koch, Vancouver, WA (argued), for the plaintiffs-appellants.


• For Appellees:
  
• Kevin H. Kono, Davis Wright Tremaine LLP, Portland, OR, for the defendant-appellee.