MB Financial, N.A. v. Novoselsky, No. 11-2603 (7th Cir. 2012)Annotate this Case
The attorney, purporting to represent the guardian of Cristina’s financial interests, filed suit in state court, alleging that Cristina, a minor, had been abused by six defendants. Her general guardian had discharged the attorney. The attorney dismissed the suit. The defendants sought sanctions. The attorney filed a notice of removal to federal court. Within a month, and following a "deluge of motions" from the attorney, the federal court remanded the proceeding to state court. The defendants requested an award of attorneys' fees for wrongful removal, 28 U.S.C. 1447(c). The district judge concluded that the attorney had vexatiously multiplied the proceedings, 28 U.S.C. 1927 and ordered him to pay $10,155 to one defendant and $2,432 to another. The Seventh Circuit affirmed under 1447(c). The removal "was worse than unreasonable; it was preposterous."