Carole Heller Weitzman, as Assignee of Saul Weitzman v. Sidney Stein, Norman Rubinson and Albert Feiffer, Barry Schwartz, Esq.

98 F.3d 717, 1996 U.S. App. LEXIS 27636
CourtCourt of Appeals for the Second Circuit
DecidedOctober 24, 1996
Docket145, 603, Dockets 95-7757, 96-7086
StatusPublished
Cited by90 cases

This text of 98 F.3d 717 (Carole Heller Weitzman, as Assignee of Saul Weitzman v. Sidney Stein, Norman Rubinson and Albert Feiffer, Barry Schwartz, Esq.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Carole Heller Weitzman, as Assignee of Saul Weitzman v. Sidney Stein, Norman Rubinson and Albert Feiffer, Barry Schwartz, Esq., 98 F.3d 717, 1996 U.S. App. LEXIS 27636 (2d Cir. 1996).

Opinion

OAKES, Senior Circuit Judge:

This is the second appeal in Carole Weitz-man’s quest for damages, attorney fees and other costs incurred as a result of defendants’ attorney’s contempt of a court order dated May 16, 1988. Weitzman invokes this court’s authority under 28 U.S.C. § 1291. We affirm the amount of legal fees calculated thus far, but reverse the denial of fees and costs from the appeal.

In 1978, Saul Weitzman obtained a judgment of the United States District Court for the Southern District of New York against Sidney Stein, and assigned the judgment to his wife, Carole Weitzman. A decade later, but still far from the end of her prolonged effort to enforce the judgment, Weitzman obtained an order to seize a car belonging to Stein. The order stated:

IT IS HEREBY ORDERED, that Garage Management Corp. shall release to the plaintiff or plaintiffs representatives, the 1983 Lincoln Towne Car bearing Florida License plate number IPE 075 ... and it is farther
ORDERED, that Sidney Stein, Gail Rohme and their representatives are prohibited from interfering with any part of this Order, and it is further ORDERED, that the plaintiff or plaintiff’s representatives shall take possession of said motor vehicle and shall arrange for the sale of said motor vehicle by the Sheriff of the City of New York.

Despite the injunction against interfering with the sale, Barry Schwartz, Sidney Stein’s attorney, delivered by hand a letter to the sheriff’s office stating that the vehicle held for sale did not belong to Sidney Stein, but to his wife Beverly, and that the car subject to seizure was another one. Even though plaintiff’s attorney’s office was within a few blocks of the sheriffs, Schwartz mailed to the lawyers a copy of the letter one day after the sale was to have occurred. The letter was dated six days before the aborted sale. *719 Based on these facts, the district court found Schwartz in contempt of the order of May 16, 1988. Weitzman v. Stein, 859 F.Supp. 740 (S.D.N.Y.1994). Noting Schwartz’s admitted failure to seek a stay of the court order, and in light of the troublesome facts just mentioned, we reversed the court’s additional finding that Schwartz’s contempt was not willful. Weitzman v. Stein, Nos. 94-7895(L), 94-7943 (2d Cir. May 8, 1995). On remand, the district court (David N. Edelstein, Judge) determined that Weitzman should be compensated for costs she incurred in prosecuting the contempt in the district court; awarded her $591.75 for costs and $8,737.50 for attorney fees, based upon an hourly rate of $150; but denied her compensation for attorney fees and other costs incurred in the course of the first appeal. See Weitzman v. Stein, 891 F.Supp. 927 (S.D.N.Y.), reconsideration denied, 908 F.Supp. 187 (S.D.N.Y. 1995). Weitzman challenges the fee and cost calculations as well as the refusal of fees and costs from the appeal.

DISCUSSION

Unlike sentences for criminal contempt, which are punitive in nature and intended to vindicate the authority of the court, the sanctions for civil contempt serve two purposes: to coerce future compliance and to remedy any harm past noncompliance caused the other party. United States v. United Mine Workers of America, 330 U.S. 258, 302-04, 67 S.Ct. 677, 700-01, 91 L.Ed. 884 (1947). This court has commented that, “[s]o far as the first of these functions is concerned, the district judge, sitting in equity, is vested with wide discretion in fashioning a remedy.” Vuitton et Fils S.A v. Carousel Handbags, 592 F.2d 126, 130 (2d Cir.1979) (citing United Mine Workers). The compensatory goal, by contrast, can only be met by awarding to the plaintiff any proven damages. See id. The district court in either ease may award appropriate attorney fees and costs to a victim of contempt.

When deciding whether to award fees, courts have focused on the willfulness of the contemnor’s misconduct. Sizzler Family Steak Houses v. Western Sizzlin Steak House, Inc., 793 F.2d 1529, 1535 (11th Cir.1986) (“[w]illfulness is a commonly accepted justification for awarding attorney fees.”); In re Federal Facilities Realty Trust, 227 F.2d 657, 658 (7th Cir.1955) (“[wjillfulness inherent in the contemptuous act is a major consideration in determining whether attorney’s fees should be awarded to the opposing party.”) (citations omitted). Similarly, in Vuitton, this court noted that “it is appropriate for the court ... to award the reasonable costs of prosecuting the contempt, including attorney’s fees, if the violation of the decree is found to have been willful.” 592 F.2d at 130. Thus, while willfulness may not necessarily be a prerequisite to an award of fees and costs, 1 a finding of willfulness strongly supports granting them. Indeed, to survive review in this court, a district court, having found willful contempt, would need to articulate persuasive grounds for any denial of compensation for the reasonable legal costs of the victim of contempt. We believe this rule is consistent with the principle, discussed above, that the discretion of the district court is more narrowly bounded when seeking to compensate the victim of contempt, and correspondingly broader when it seeks to force prospective compliance with its own order.

The district court apparently appreciated the importance of willfulness, and gave to Weitzman reasonable fees and costs after we reversed the finding that Stein’s contempt was not willful. Yet, the court went on to hold, on alternative grounds, that compensation for the legal costs of the appeal was not appropriate. First, it reasoned that the fees and costs from appellant’s first appeal were not attributable to defendant’s attorney’s wrongful conduct, because the appeal was caused by “this Court’s short-sighted view of the law in this circuit,” not Schwartz’s actions. Weitzman, 891 F.Supp. at 935. Second, the district court held that, even if the appeal were caused by the contempt, it was *720 within its discretion to withhold compensation.

The lower court erred on both points. First, the fact that Weitzman was required to pursue an appeal does not mean that her costs were not “caused by” Schwartz’s contempt in any relevant sense. Notwithstanding the district court’s mistake, none of this would have been necessary if Schwartz had respected the 1988 order. Second, in the face of the strong evidence that Schwartz willfully interfered with a court-ordered sale and this court’s previous decision to that effect, it was error to withhold from Weitz-man full compensation for her reasonable legal expenses from proceedings in front of both courts. Cf. Schauffler v.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
98 F.3d 717, 1996 U.S. App. LEXIS 27636, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carole-heller-weitzman-as-assignee-of-saul-weitzman-v-sidney-stein-ca2-1996.