A federal appellate court has canceled an award of $200,000 in attorney fees made after the plaintiffs dropped non-diverse members from their limited liability company in an attempt to invoke diversity jurisdiction.

A panel of the U.S. Court of Appeals for the Second Circuit held unanimously that the provision for the awards of "just costs" in 28 U.S.C. §1919 when an action is dismissed for lack of jurisdiction does not include attorney fees.