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State of Ohio v. Brunner, 09-4282

By FindLaw Staff on December 16, 2010 3:35 PM

Request for attorney's fees for improper removal

State of Ohio v. Brunner, 09-4282, concerned a challenge to the district court's denial of relators' request for attorney's fees for improperly trying to remove the case, in a suit involving a ballot-counting dispute arising from 2008 county elections.  In affirming, the court held that the district court judge not only thought the removal was objectionably reasonable, but he also denied the motion to remand the case to state court.

 

As the court wrote: "Keep in mind that this district court judge not only thought the removal was objectionably reasonable, but he also denied the motion to remand the case to state court.  The point favors the Secretary, as we can assume that district courts rarely allow parties to remove cases that were objectionably unreasonable to remove."

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