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McConnell v. ABC-Amega, Inc.

Citation: 338 F. App'x 24Docket: No. 08-2563-cv

Court: Court of Appeals for the Second Circuit; July 2, 2009; Federal Appellate Court

Narrative Opinion Summary

In this case, the plaintiff filed employment discrimination claims in New York state court against a corporation and its agents, alleging violations under state law and constitutional due process clauses. The defendant removed the case to federal court, citing the existence of federal claims. However, the plaintiff later clarified that no federal claims were intended, prompting the District Court to remand the case back to state court. Despite the remand, the District Court found that the removal was based on an objectively reasonable basis and denied the plaintiff's request for attorneys' fees. The plaintiff did not appeal the remand order but disputed the removal grounds and fee denial. The defendant argued that the plaintiff waived his right to appeal by failing to object to the magistrate judge’s recommendations. The court agreed, emphasizing that the claims were not jurisdictional, and failure to object generally leads to forfeiture of appellate rights. The District Court's judgment was affirmed, underscoring that it retained jurisdiction to rule on attorneys' fees post-remand. Consequently, the plaintiff's failure to preserve his claims resulted in the barring of further appeal, confirming the procedural requirements for appellate review preservation.

Legal Issues Addressed

Federal Removal Jurisdiction

Application: The District Court determined that ABC-Amega had an objectively reasonable basis to remove the case to federal court, even though McConnell later clarified no federal claims were intended.

Reasoning: The District Court ruled that ABC had an objectively reasonable basis for removal and denied McConnell's request for attorneys’ fees.

Forfeiture of Appellate Review

Application: Failure to object to a magistrate judge's recommendations generally forfeits the right for appellate review, which occurred in McConnell's case.

Reasoning: The court highlighted that failure to object to a magistrate judge's recommendations generally forfeits the right for appellate review.

Jurisdiction Over Attorneys’ Fees Post-Remand

Application: The judgment affirmed that the District Court retains jurisdiction over motions for attorneys’ fees even after a remand order is issued.

Reasoning: The judgment of the District Court was affirmed, establishing that it maintained jurisdiction over motions for fees even after issuing a remand order.

Waiver of Right to Appeal

Application: McConnell waived his right to appeal by not timely objecting to the magistrate judge's findings, which is a procedural requirement for preserving appellate review.

Reasoning: The court agreed with ABC, stating that McConnell's claims were not jurisdictional, as he did not contest the remand and the District Court made no decisions on the merits of his claims.