Legal Opinion

Grayton Koenig v. Wells Fargo Bank, N.A.

Court of Appeals for the Fifth Circuit

Decided January 24, 2014No. 13-10002PublishedCited by 44 opinions

1Opinion of the Court

EDITH H. JONES, Circuit Judge:

The sole question presented here is whether Appellants Wells Fargo, N.A., et al. (“Wells Fargo”) can move for attor ney’s fees under Rule 54(d)(2) of the Federal Rules of Civil Procedure. Appellee Pamela Richardson (“Richardson”) sued Wells Fargo in Texas state court. After Wells Fargo removed the case to federal court, the district court dismissed all of Richardson’s claims. Wells Fargo then filed a motion for attorney’s fees, which the district court denied as being unauthorized by Rule 54(d)(2). We conclude that the bank may utilize this Rule and therefore…

2Cases cited10 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Chambers v. Nasco, Inc.Supreme Court of the United States · 1991
  3. In re Nalle Plastics Family Ltd. PartnershipTexas Supreme Court · 2013
  4. American Home Assurance Co. v. United Space Alliance, LLCCourt of Appeals for the Fifth Circuit · 2004
  5. Crumpton v. Mike Stevens, MGACourt of Appeals of Texas · 1996

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3Cited by44 opinions

  1. Tech Pharmacy Servs., LLC v. Alixa RX LLCDistrict Court, E.D. Texas · 2017
  2. Western-Southern Life Asuc Co. v. George KalehCourt of Appeals for the Fifth Circuit · 2018
  3. In re Relativity Fashion, LLCUnited States Bankruptcy Court, S.D. New York · 2017
  4. Rodriguez v. Quicken Loans, Inc.District Court, S.D. Texas · 2017
  5. Bancroft Life & Casualty ICC, Ltd. v. GRBR Ventures, L.P.District Court, S.D. Texas · 2014

39 more not listed; retrieve them via the Exa API.

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