Legal Opinion

Gotro v. R & B Realty Group

Court of Appeals for the Ninth Circuit

Decided November 14, 1995No. Nos. 93-56726, 94-55132PublishedCited by 25 opinions

1Opinion of the Court

Opinion by Judge LEAVY; Dissent by Judge O’SCANNLAIN.

LEAVY, Circuit Judge:

In this case we are called upon to decide whether a district court has discretion to award attorneys’ fees to a contingency fee litigant under 28 U.S.C. § 1447(c).

I

The issues before us arose out of procedural maneuverings that took place at the outset of this litigation. On March 12, 1993, Marsha Gotro filed an amended complaint in the Superior Court for Orange County, California, alleging employment-related claims against several defendants. On May 28, some of the named defendants removed the action to federal court.…

2Cases cited4 opinions

  1. Alyeska Pipeline Service Co. v. Wilderness SocietySupreme Court of the United States · 1975
  2. Cooter & Gell v. Hartmarx Corp.Supreme Court of the United States · 1990
  3. In Re Matter of Stephen Yagman, Jerry Brown and Gerry Fleischer v. Michael Baden and Sidney WeinbergCourt of Appeals for the Ninth Circuit · 1986
  4. Moore v. Permanente Medical Group, Inc.Court of Appeals for the Ninth Circuit · 1992

3Cited by25 opinions

  1. Balcorta v. Twentieth Century-Fox Film Corp.Court of Appeals for the Ninth Circuit · 2000
  2. Jeffrey A. Mints v. Educational Testing ServiceCourt of Appeals for the Third Circuit · 1996
  3. Huffman v. Saul Holdings Ltd. PartnershipCourt of Appeals for the Tenth Circuit · 2001
  4. Lisa Tenner and Tenner & Associates, Incorporated, a Nevada Corporation v. Kenneth ZurekCourt of Appeals for the Seventh Circuit · 1999
  5. Albion Pacific Property Resources, LLC v. SeligmanDistrict Court, N.D. California · 2004

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