Legal Opinion
Montgomery & Larmoyeux Ex Rel. Montgomery v. Philip Morris, Inc.
District Court, S.D. Florida
Decided August 25, 1998No. 97-8959-CIVPublishedCited by 6 opinions
1Opinion of the Court
ORDER ON PLAINTIFF’S OBJECTIONS TO MAGISTRATE’S ORDER
GOLD, District Judge.
The issue before the Court on Plaintiff’s Objections to Magistrate’s Order Dated June 17, 1998 (DE # 47), is whether attorney’s fees may be awarded pursuant to 28 U.S.C. section 1447(c), where the remand order did not specifically reserve jurisdiction to award fees and costs.
This case was removed to federal court based on the defendants’ claim of fraudulent joinder. The Court held a hearing on plaintiffs motion for remand, determined that it lacked subject matter jurisdiction, and issued an order remanding the ease to…
2Cases cited11 opinions
- Cooter & Gell v. Hartmarx Corp.Supreme Court of the United States · 1990
- White v. New Hampshire Department of Employment SecuritySupreme Court of the United States · 1982
- Sprague v. Ticonic National BankSupreme Court of the United States · 1939
- Willy v. Coastal Corp.Supreme Court of the United States · 1992
- Jeffrey A. Mints v. Educational Testing ServiceCourt of Appeals for the Third Circuit · 1996
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3Cited by6 opinions
- Gardner v. Allstate Indem. Co.District Court, M.D. Alabama · 2001
- Ali v. Prestige Window & Door Installation, LLC.District Court, S.D. Florida · 2009
- Dunning v. GHS Interactive Security, LLCDistrict Court, N.D. Alabama · 2019
- Mobile County Board of Health v. SacklerDistrict Court, S.D. Alabama · 2020
- Steffen v. Kline (In Re Steffen)United States Bankruptcy Court, M.D. Florida · 2009
1 more not listed; retrieve them via the Exa API.