Legal Opinion
Martin v. Franklin Capital Corp.
Supreme Court of the United States
Decided December 7, 2005No. 04-1140PublishedCited by 2,750 opinions
1Opinion of the CourtChief Justice Roberts
A civil case commenced in state court may, as a general matter, be removed by the defendant to federal district court, if the case could have been brought there originally. 28 U. S. C. § 1441 (2000 ed. and Supp. II). If it appears that the federal court lacks jurisdiction, however, “the case shall be remanded.” § 1447(c). An order remanding a removed case to state court “may require payment of just costs and any actual expenses, including attorney fees, incurred as a result of the removal.” Ibid. Although § 1447(c) expressly permits an award of attorney’s fees, it provides little guidance on…
2Cases cited12 opinions
- Christiansburg Garment Co. v. Equal Employment Opportunity CommissionSupreme Court of the United States · 1978
- Fogerty v. Fantasy, Inc.Supreme Court of the United States · 1994
- Newman v. Piggie Park Enterprises, Inc.Supreme Court of the United States · 1968
- Mansfield, Coldwater & Lake Michigan Railway Co. v. SwanSupreme Court of the United States · 1884
- Independent Federation of Flight Attendants v. ZipesSupreme Court of the United States · 1989
7 more not listed; retrieve them via the Exa API.
3Cited by2,750 opinions
- Nken v. HolderSupreme Court of the United States · 2009
- Pruitt v. MoteCourt of Appeals for the Seventh Circuit · 2007
- United States v. IreyCourt of Appeals for the Eleventh Circuit · 2010
- Gentek Building Products, Inc., Steel Peel Litigation Trust, Formerly Known as Sherwin-Williams Claims Trust v. The Sherwin-Williams CompanyCourt of Appeals for the Sixth Circuit · 2007
- Jagdishbhai and Hansaben Patel v. Del Taco, Inc.Court of Appeals for the Ninth Circuit · 2006
2,745 more not listed; retrieve them via the Exa API.