Saturday, October 07, 2006

Objectively Reasonable . . . #10

Good Morning! Not too much going on in the lawsuit as it continues in its glacial pace towards a resolution.

However, there was one development that merits comment. I told you last time that our case was remanded from federal court back to state court. Based on that remand, I filed a motion for attorney's fees based on the work I had to do to get the case back where it belonged.

Thursday, the Judge ruled on that motion and granted us a fair and reasonable award of attorney's fees, stating:

"The Court concludes that Defendant [American Plastic] lacked an objectively reasonable basis for seeking removal. Plaintiff [Toytrackerz] was required to devote time and resources to a facially meritless removal proceeding.

"Thus, the Court will require Defendant to pay Plaintiff's attorney's fees and costs expended in this frivolous removal litigation.

"The fees and costs shall be paid to the Plaintiff within twenty (20) days of the filing of this Order."

Hope to have some more announcements soon! Stay tuned - this is where you will hear the truth, taken from the public record, about this case. Thanks to everyone for their support. Terri

1 Comments:

At 7:41 AM, Blogger Dan said...

Congrats! It's not often that you can get attorney's fees for something like that!

 

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