Fifth Circuit Reverses Fee Award That Followed Remand of Friction Claims

NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals has reversed an order that required defendant Garlock Inc., to pay plaintiffs more than $10,000 in fees associated with remanding claims that the company removed on the ground that they were related to matters pending in bankruptcy court. Coward v. ACandS, Inc., et. al., No. 02-51175 (5th Cir.).

In its Jan. 14 opinion, the federal appeals court said it did not appear that plaintiffs Frederick and Verna Coward presented evidence of the number of attorney hours spent and rates charged from which the district court could determine whether the fee …