Rutledge

Rutledge v. Seyfarth, Shaw, Fairweather & Geraldson

Bad Law
2000 Daily Journal DAR 437·201 F.3d 1212·2000 WL 16550·24 Employee Benefits Cas. (BNA) 1149·2000 Cal. Daily Op. Serv. 310
United States Court of Appeals for the Ninth CircuitJanuary 12, 2000No. 98-15298California5,562 words

Opinion

Lead Opinion

Wardlaw, J.

Seyfarth, Shaw, Fairweather, & Gerald-son, a law firm, and Mitchell Whitehead, one of its attorneys (collectively, “Sey-farth”), appeal from the district court’s order awarding' attorneys’ fees and costs under 28 U.S.C. § 1447 (c) to Anthony Rutledge and the AFL Hotel and Restaurant Workers’ Health and Welfare Fund (collectively, “Rutledge”). The court made the award on the strength of its prior decision remanding the underlying action to state court for lack of federal subject-matter jurisdiction, despite Seyfarth’s claim of preemption under the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001 et seq. (“ERISA”). Sey-farth’s appeal presents the question whether the district court abused its discretion in awarding the fees and costs. We conclude that removal was proper, and, accordingly, we reverse.

I

The Hotel Union and Hotel Industry of Hawaii Pension Trust and the AFL Hotel & Restaurant Workers’ Health and Welfare Fund (collectively, the “Plans”) are two multi-employer- employee benefit plans. The Plans are governed by ERISA. Rutledge is a labor trustee for and participant in the Plans. Seyfarth has provided legal services to the Plans since 1984.

Rutledge…

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