Lewis v. L. B. Nelson Corp.

OPINION AND ORDER

CONNER, District Judge:

Defendant L. B. Nelson Corporation has moved to reargue this Court’s decision denying defendant’s motion to dismiss this action for lack of subject matter jurisdic tion. Defendant urges that Grace v. Ludwig, 484 F.2d 1262 (2d Cir. 1973) is controlling and mandates a dismissal of plaintiffs’ claim for attorneys’ fees incident to a Section 16(b) claim where less than $10,000 is at issue.

As this Court’s previous Opinion and Order in this case stated, the Second Circuit has explicitly held that recovery of attorneys’ fees is a “remedial incident” of Section…