Micrometl Corp. v. Tranzact Technologies, Inc.

Dist. Ct. did not err in denying defendant's motion for attorney fees and costs arising out of case being initially removed to federal court and then remanded after determination was made that said case did not have at stake $75,000 to meet threshold to support removal jurisdiction. Defendant was entitled to seek said fees even though defendant had initially sought removal, and while plaintiff conceded that amount in controversy was actually less than $40,000 (even though it had asserted that amount in controversy was $100,000 when case was originally filed in state court), Dist. Ct. could properly deny defendant's request for fees and costs associated for time spent while case was in federal court where defendant waited 10 months after having knowledge of actual amount in controversy figure before informing Dist. Ct. that it lacked jurisdiction over case.