Alabama Education Ass'n v. Black

797 So. 2d 498, 2001 Ala. Civ. App. LEXIS 177, 2001 WL 429360
CourtCourt of Civil Appeals of Alabama
DecidedApril 27, 2001
Docket2000150
StatusPublished

This text of 797 So. 2d 498 (Alabama Education Ass'n v. Black) is published on Counsel Stack Legal Research, covering Court of Civil Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Alabama Education Ass'n v. Black, 797 So. 2d 498, 2001 Ala. Civ. App. LEXIS 177, 2001 WL 429360 (Ala. Ct. App. 2001).

Opinion

YATES, Presiding Judge.

These parties have previously.been before this court. See Alabama Educ. Ass’n v. Black, 752 So.2d 514 (Ala.Civ.App.1999) (“Black I”) for a detailed procedural and factual history of this case.

Suffice it to say that Carmen Black was a nontenured teacher employed by the Birmingham Board of Education (“Board”). Black was also a member of the AEA, an organization consisting of approximately 75,000 teachers and education support personnel that lobbies on behalf of its members. One function of the AEA is to hire attorneys to represent its members in employer-employee disputes. Id.

Black was notified by the Board in June 1991 that it was not going to renew her teaching contract for the 1991-92 school year. Black contacted the AEA and requested that it provide her with an attorney to represent her in a lawsuit against the Board. Dr. Joe Reed, the associate executive secretary of the AEA, informed Black by letter that her application for assistance was being denied. The letter stated that because she was a probationary employee and the Board could “nonrenew” her contract without having to provide her any reasons for doing so, unless she could show some constitutionally impermissible reason for the Board’s action she would have no legal recourse against the Board. The letter also informed Black that if she employed a private attorney to pursue her case against the Board and was successful in being reinstated to her employment, the AEA would “reimburse [her] for legal fees, not to exceed $60 an hour, plus court costs.” Id., at 516.

Thereafter, Black contacted Dr. Reed and asked him to reconsider the denial of her request for an attorney. Dr. Reed responded to Black by letter, informing her that her application had been thoroughly reviewed and that it was determined her case could not be won in a court of law. This letter reiterated AEA’s offer to reimburse her for her legal fees at $60 per hour, including court costs, if she hired a private attorney to pursue her case and was successful in getting reinstated to her employment. Id.

Black hired David Sullivan, an attorney experienced in handling AEA-related cases, and sued the Board. After Sullivan had sued the Board on Black’s behalf, he wrote a letter to Dr. Reed informing him that Black had sued the Board, requesting [500]*500that AEA reconsider its decision not to provide her with legal assistance, and asking that he be permitted to continue to represent Black at AEA’s expense. AEA did not respond to this request, and Black entered into a contingency-fee agreement with Sullivan. Black settled her case against the Board in February 1996. Pursuant to the settlement, she received tenure, credit for sick days for four years, retirement credit, and $100,000 in damages for mental anguish. The Board also reimbursed Black $2,336 in litigation expenses and court costs not to exceed $500. Id.

On March 20, 1996, Sullivan informed Dr. Reed by letter that Black had been successful in her lawsuit against the Board. Sullivan submitted an itemized statement of his hourly charges and expenses incurred in the litigation with the Board and requested payment in accordance with Dr. Reed’s earlier letter to Black stating that if she succeeded in her lawsuit against the Board then AEA would reimburse her for her legal expenses, not to exceed $60 per hour plus court costs. The statement submitted by Sullivan indicated that he had expended 224.20 hours in litigating the case on behalf of Black; it requested payment of $15,980.65. Dr. Reed informed Sullivan that he would need additional information before he could make a determination regarding the attorney fee and requested a copy of all the pleadings and motions that had been filed in the case. Dr. Reed informed Black that some of Sullivan’s hours seemed excessive and that as soon as the review of the charges was complete, the AEA would pay the “reasonable and customary” rate for the case. Id.

On August 22, 1996, Dr. Reed informed Black that after reviewing the records in the case, the AEA would reimburse her $11,985 as a reasonable attorney fee and that anything claimed over this amount was excessive. Dr. Reed enclosed a check in the amount of $11,985. On September 20, 1996, Black wrote a letter to Dr. Reed requesting that the AEA pay her the balance of the amount submitted by Sullivan. Dr. Reed responded, stating that AEA policy requires that it reimburse only a reasonable and customary attorney fee and that the $11,985 that had been paid was fair. Dr. Reed informed Black that it would provide no more reimbursement. Id.

Black sued the AEA, alleging a breach of contract and intentional interference with contractual relations. Black sought both compensatory and punitive damages. Black requested a trial by jury. At trial both parties moved the court for a prever-dict JML. The court granted the AEA’s JML motion as to the claim alleging interference with contractual relations and the claim for punitive damages; however, it denied AEA’s JML motion as to the claim alleging breach of contract. Black moved the court for a JML as to her breach-of-contract claim. The trial court granted Black’s motion, stating:

‘It’s my specific holding that there was a contract, and that the defendant failed to live up to its end of the contract. Or in other words, it’s my finding the defendant breached the contract. The defendant may have thought that it was reserving the right in this letter to pay what it deemed to be reasonable and customary, but that’s not what the contract said. The contract is clear and unambiguous and it’s my holding that as a matter of law that the plaintiff is due to recover the sum of $3,995 for the defendant’s breach of contract.’ ”

Id., at 518.

The AEA argued on appeal that the contract should have been construed to require only the payment of a reasonable attorney fee, even though the contract it[501]*501self did not contain language that spoke to the reasonableness of the amount of the attorney fee claimed. Black argued that the AEA breached the plain terms of the contract by arbitrarily reducing the amount of fees and expenses submitted by Sullivan. This court held “that the court erred, as a matter of law, in not construing the contract to require the reimbursement of only a reasonable attorney fee.” Id., at 519. We remanded the case for the trial court to determine whether the number of hours submitted by Sullivan to the AEA for payment was a reasonable number. We also held that any further reimbursement Black might be entitled to should not include moneys for expenses and costs that had previously been paid by the Board. Id.

Upon remand, the trial court, on January 14, 2000, set the matter for a jury trial on June 19, 2000. Thereafter, Black moved the court for a summary judgment, requesting that it hold, as a matter of law, that the number of hours submitted by Sullivan was a reasonable number of hours. Black supported her motion with Sullivan’s affidavit and the affidavit of W.L. Williams, Jr., the attorney currently representing her in this case against the AEA. Williams testified as follows:

“1. I have practiced law for over 40 years, and have also held the position of a Supervisory Trial Attorney for the Equal Employment Opportunity Commission for approximately 20 years.
“2.

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Bluebook (online)
797 So. 2d 498, 2001 Ala. Civ. App. LEXIS 177, 2001 WL 429360, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alabama-education-assn-v-black-alacivapp-2001.