Case is Remanded To State Court – But Sanctions Are Denied

Faust v. Menard, Inc., Dist. Court, ND Indiana 2012 – Google Scholar.

After this case was removed to federal court, the plaintiff filed a motion to remand it. The motion was granted and the case was remanded to state court.

Plaintiff then sought legal fees and costs pursuant to Rule 11 and 28 U.S.C. Section 1447 (c). The Rule 11 motion was denied.The court explained: “Although the court thinks that defendant’s legal decisions in this case were ill-conceived and may have flirted with RULE 11, it does not believe that a violation occurred. Plaintiff’s motion for sanctions will be denied.”

However, the court granted plaintiff’s motion for fees and costs under Section 1447(c).

Edward X. Clinton, Jr.

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