Is an award of costs for attorney's fees inappropriate where the action was remanded to state court rather than federal?
MultiRegion, United States of America
The following excerpt is from Hayden v. Reickerd, 12 F.3d 1106 (9th Cir. 1993):
Accordingly, where an action is remanded to state court, an award of costs, including attorney's fees, is inappropriate where the defendant's attempt to remove the case to federal court was fairly supportable. Schmitt v. Ins. Co. of North America, 845 F.2d 1546, 1552 (9th Cir.1988).
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