What is the test for a finding of bad faith in awarding attorney's fees?
MultiRegion, United States of America
The following excerpt is from Hayden v. Reickerd, 12 F.3d 1106 (9th Cir. 1993):
A finding of bad faith was required to award attorney's fees pursuant to this provision. Moore, supra, 981 F.2d at 446, citing, Schmitt v. Ins. Co. of North America, 845 F.2d 1546, 1552 (9th Cir.1988) ("[a]n award of attorney's fees is inappropriate ... where the defendant's attempt to remove the action was fairly supportable and where there has been no showing of bad faith").
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