(The Return of) Ignatz, by Sam Heldman
Wednesday, February 23, 2005
for law nerdsToday I will be filing a cert petition with the U.S. Supreme Court on a question that I think is very interesting, but then again I'm a law nerd: the governing standard as to when a District Court should award attorney fees under 28 USC 1447(c) upon remanding a wrongly-removed case to state court. It's a good question for the Court to resolve, I think, and there really is a split in the lower courts. If this fascinates you as it does me, let's chat.
Also, I hereby give a strong plug to Wilson-Epes Printing Co., here in Washington, which is a great printer of Supreme Court briefs and other legal materials. If you are ever filing a cert petition, or have some brief in a lower court that you want to make look really good (which is sometimes a useful strategy to make your case stick out from the pile), use them. Fantastic people and fantastic work.
[UPDATE: Based on overwhelming interest (i.e., 2 people, in comments) I have made the petition available for download from heldman.net. Accolades and constructive criticism will be appreciated.]
posted by sam 7:25 AM7 comments
7 Comments:
Please post your petition once its final to share your arguments with everyone else.
By 
, at
12:26 PM
I'd love to see the petition too-- especially since this is a pet issue of mine as well. I'm a fan of the pure "fee shifting" approach myself.
Cool-- you cited the McFadden article. I have cited that article every time I've sought a fee award.
So you think it will be granted, right? Right?
The petition certainly makes the case for it. If they take it, though, what do you think the Supremes will do?
I can't see how they could uphold the 5th Cir. rule (i.e., can ONLY grant fees if removable had no reasonable basis); that would make the enactment of the statute an absurd event. I also can't see how they could uphold the 9th/10th rule, which is that Dist. Ct. can choose its own spot on the Piggie Park - Christiansburg spectrum; I know of no other statute that's ever been interpreted like that. I'm sure I could lose if they took the case, but can't wrap my mind around a good reason why.
Well, go get 'em. I'll keep my eye out for the grant of cert.
