Schlaerth

Schlaerth v. Spirtos

Good Law
308 F. App'x 196
United States Court of Appeals for the Ninth CircuitJanuary 14, 2009No. 06-56513California610 words

Opinion

Lead Opinion

MEMORANDUM ***

Nicola M. Spirtos appeals from the district court’s order awarding $9,248 in attorneys’ fees and $212.50 in costs to John B. Schlaerth, et al., for improperly removing this case to federal court. Defendants allege that the award of fees was improper and excessive; that plaintiffs did not follow proper procedures in pleading for fees; *198 that defendants did not receive a chance to appeal the subsequent remand order back to state court, and that plaintiffs’ counsel has a conflict of interest on this matter and must recuse himself. We review the district court’s determinations of law de novo and its findings of fact for clear error. Husain v. Olympic Airways, 316 F.3d 829, 835 (9th Cir.2002). We review attorneys’ fees awards for abuse of discretion. Merritt v. Mackey, 932 F.2d 1317, 1324 (9th Cir.1991). We affirm.

I.

Defendants propose that removal to federal court was reasonable according to Grable & Sons Metal Products, Inc. v. Darue Engineering & Mfg., 545 U.S. 308, 312 , 125 S.Ct. 2363 , 162 L.Ed.2d 257 (2005), but this is incorrect. Grable did not deal with RICO lawsuits, and defendants have not shown that “substantial questions of federal law” exist that…

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