Here is the opinion in In re LNB-L.
Of note, the court affirmed that the State’s qualified Indian expert witness was qualified, despite the fact that she could not describe the traditional Nooksack family unit, on grounds that the tribe had passed a resolution stating she was qualified.
Here are the materials in Marshall Bank v. Nooksack Business Corp. II (W.D. Wash.):
Marshall Bank Motion to Remand
An excerpt:
Plaintiff seeks an award of just costs and actual expenses incurred, including attorney fees, under 28 U.S.C. § 1447(c). The process of removing a case to federal court and then having it remanded back to state court delays resolution of the case, imposes additional costs on both parties, and wastes judicial resources. Martin v. Franklin Capital Corp., 546 U.S. 132, 140 (2005). Therefore, an award of fees is appropriate when the removing party lacks an objectively reasonable basis for seeking removal. Id. Here, defendants lacked any objectively reasonable basis to remove this case.1 As such, an award of just costs and actual expenses incurred, including attorney fees, is appropriate. Continue reading
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