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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

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  • United States Supreme Court

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