Supreme Court Docket Report - October Term, 2004 - No. 10

Originally published April 25, 2005

On April 25, 2005, the Supreme Court granted certiorari in two cases of interest to the business community. Barring extensions, amicus briefs in support of petitioners will be due on June 9, 2005, and amicus briefs in support of respondents will be due on July 14, 2005.

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. Attorneys’ Fees — Removal. Under 28 U.S.C. § 1447(c), a federal district court "may" order payment of attorneys’ fees and expenses incurred as a result of the removal to federal court of a case originally filed in state court, removed to federal court, and then remanded back to state court. The statute provides no explicit guidance as to when a district court should order payment of such fees and expenses. The Supreme Court granted certiorari in Martin v. Franklin Capital Corp., No. 04-1140, to determine what legal standard governs the decision to award or deny attorneys’ fees and expenses under this statute.