United States Supreme Court
Martin v. Franklin Capital Corp., 04-1140
Upon remand of a case to state court, absent unusual circumstances, attorney's fees should not be awarded under 28 U.S.C. section 1447(c) when the removing party has an objectively reasonable basis for removal; conversely, where no objectively reasonable basis exists, fees should be awarded.
Appellate Information
- Decided 12/07/2005
- Published 12/07/2005
Judges
Court
- United States Supreme Court