Can a plaintiff obtain attorneys' fees under a fee-shifting statute if the underlying claim was dismissed for lack of subject matter jurisdiction?
MultiRegion, United States of America
The following excerpt is from Amphastar Pharm. Inc. v. Aventis Pharma SA, 856 F.3d 696 (9th Cir. 2017):
The district court relied on Branson v. Nott , 62 F.3d 287, 293 (9th Cir. 1995), to conclude that as a matter of law attorneys' fees cannot be awarded under a fee-shifting statute if the underlying claim was dismissed for lack of subject matter jurisdiction.
[856 F.3d 709]
Aventis VI , 2015 WL 4511573, at *16.
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