Legal Opinion
Valdes v. Wal-Mart Stores, Inc.
Court of Appeals for the Fifth Circuit
Decided January 14, 2000No. 99-20519PublishedCited by 172 opinions
1Opinion of the Court
E. GRADY JOLLY, Circuit Judge:
In this appeal, we consider the sole question of whether 28 U.S.C. § 1447(c) requires an award of attorney’s fees in each case remanded to the state court because the removal was improper. We make clear that the statute is discretionary. Here, the district court did not abuse its discretion in denying attorney’s fees to the plaintiff.
I
Lupe Valdes was abducted at knifepoint from a busy Wal-Mart parking lot at 5:30 p.m. on August 2, 1993. Her assailant forced her to drive to another location, behind a Petsmart store, where he raped her. Valdes sued Wal-Mart, the…
2Cases cited13 opinions
- Centeq Realty, Inc. v. SieglerTexas Supreme Court · 1995
- Natividad v. Alexsis, Inc.Texas Supreme Court · 1994
- Leitch v. HornsbyTexas Supreme Court · 1996
- Holloway v. SkinnerTexas Supreme Court · 1995
- Maxey v. Citizens National Bank of LubbockTexas Supreme Court · 1974
8 more not listed; retrieve them via the Exa API.
3Cited by172 opinions
- Martin v. Franklin Capital Corp.Supreme Court of the United States · 2005
- Lussier v. Dollar Tree Stores, Inc.Court of Appeals for the Ninth Circuit · 2008
- Lott v. Pfizer, Inc.Court of Appeals for the Seventh Circuit · 2007
- Hornbuckle v. State Farm LloydsCourt of Appeals for the Fifth Circuit · 2004
- Convent Corporation v. City of North Little RockCourt of Appeals for the Eighth Circuit · 2015
167 more not listed; retrieve them via the Exa API.