Cook v. Niedert

142 F.3d 1004, 1998 WL 195939
CourtCourt of Appeals for the Seventh Circuit
DecidedApril 24, 1998
DocketNos. 97-1666, 97-1667 and 97-1584
StatusPublished
Cited by252 cases

This text of 142 F.3d 1004 (Cook v. Niedert) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cook v. Niedert, 142 F.3d 1004, 1998 WL 195939 (7th Cir. 1998).

Opinion

CUDAHY, Circuit Judge.

Members of a pension fund needed a named plaintiff and legal representation to combat fund mismanagement. Archie Cook, the named plaintiff, needed an incentive to bring the suit, and the attorneys he ultimately retained needed a reasonable fee for their services. One might have thought that members of the pension fund and Cook’s attorneys would be satisfied with the result in the district court. The pension fund recovered over $14 million and underwent substantial structural reforms, Cook received a $25,000 incentive award, and the attorneys obtained more than $2 million for approximately 5,900 hours of work. But apparently no one feels that he, she, or it received the benefit of the bargain, since the pension fund challenges the propriety of the incentive award and both the fund and Cook’s attorneys object to the amount of attorney’s fees. On appeal we affirm the district judge in all respects.

I. Background

In 1992, Archie Cook, a truck driver and participant in the Teamsters Local 705 Health and Welfare Fund, filed a class action [1009]*1009against the Fund, the International Brotherhood of Teamsters Local 705, and the trustees of both entities. He alleged that the Fund had been mismanaged in violation of the Employee Retirement Income Security Act of 1974 (ERISA), and sought damages for the Fund of more than $20 million and structural reforms. In September 1995, Cook’s attorneys advised the district judge of the possibility of settlement with the defendants’ liability insurer. At Cook’s request and in an effort to facilitate settlement, Judge Manning referred the case to Special Master Frank McGarr. The parties entered into a settlement agreement in January 1996, which provided that the Fund would undergo extensive structural reforms and receive a cash payment of over $13 million. Judge Manning preliminarily approved the settlement and again referred the case to Special Master McGarr, instructing him, in relevant part, to make recommended findings regarding petitions for attorney’s fees and incentive awards.

In accordance with these instructions, Special Master McGarr held hearings, reviewed documents and then prepared a report for the district judge. In his report, the master concluded that Archie Cook was entitled to a $25,000 incentive award because of the time he devoted to the case and the risk he faced in bringing the suit. With respect to attorney’s fees, Cook’s counsel had requested $4,785,000. In evaluating this request, the special master found that contingent fee agreements in the Chicago area typically provide that attorneys will be paid between 25 and 30 percent of the amount they recover for their client. The master determined that, in light of the substantial relief obtained by Cook’s counsel and the riskiness of the litigation, an appropriate fee was $4,400,000, or 30 percent of the amount recovered for the Fund.1 Although the number of horn’s logged by Cook’s attorneys and their hourly rates were not directly relevant to the percentage-of-fund analysis, the special master noted the reasonable hourly rates for the attorneys and paralegals involved in the litigation: between $115 and $325 for the attorneys and $80 for paralegals. Attorneys had logged 4,741 hours and paralegals 1,166 hours, for a total of 5,907 hours. The master acknowledged that a “very small part” of the total hours expended may be excessive, but did not pursue the issue further. The attorney’s fees and Cook’s incentive award were to be paid out of the settlement escrow created for the benefit of the Fund.

When presented with the special master’s report, Judge Manning agreed that Cook should receive a $25,000 incentive award. But she declined to follow the master’s recommendation with respect to attorney’s fees. Instead she employed the lodestar method, multiplying each attorney’s and paralegal’s hourly rate by the total number of hours spent on the case. To reflect the riskiness of the litigation, Judge Manning enhanced the lodestar’ by a multiplier of 1.5. In making these calculations, the district judge used the rates and hours that were reported by the special master. The final result was an attorney’s fee of $2,121,045.40.

Both Cook’s attorneys and the Fund are dissatisfied with this result. Cook’s attorneys assert that Judge Manning erred in rejecting the recommendation of the special master and failed to award a reasonable fee. The Fund challenges the district judge’s use of a multiplier, the hours she included in her computation, and her approval of Archie Cook’s incentive award.

II. Rejection of the Special Master’s Recommendation

We begin by addressing whether Judge Manning erred when she declined to follow the special master’s recommendation to award a percentage of the cash recovery to Cook’s attorneys. Before reaching the merits of the question, we must focus on the applicable standards of review. Because this case involves a special master and a district judge, two standards of review are relevant: the standard the district court applies to the special master’s report and the standard we apply to the district court’s opinion. With [1010]*1010respect to the former, the general rule is that the district court steps into the shoes of an appellate court and employs the same standards that an appellate court uses to review a lower court opinion. See Williams v. Lane, 851 F.2d 867, 884 (7th Cir.1988). Hence a district court reviews a special master’s legal conclusions de novo, see id. at 885, and accepts findings of fact unless they are clearly erroneous, see Fed.R.Civ.P. 53(e)(2). But the choice between the lodestar and percentage-of-fund methods is neither a question of law nor of fact; rather, a district judge has discretion to use either method, depending on the particular circumstances of the case. See Harman v. Lyphomed, Inc., 945 F.2d 969, 975 (7th Cir.1991). What is not clear is how much deference the district court, in exercising this discretion, should afford the special master’s recommendation.

Cook’s attorneys argue that the general rule should apply—that the district court should review the master’s recommendation for an abuse of discretion, the same standard an appellate court would use to review a district court’s choice between the lodestar and percentage-of-fund methods. In support of this position, Cook’s attorneys cite Gottlieb v. Barry, 43 F.3d 474 (10th Cir.1994). We agree that Gottlieb provides the proper standard of review, but do not understand the case as holding that abuse of discretion is the appropriate standard. While the Tenth Circuit analogized the master’s recommendation of a method to a credibility finding, it stated only that the district court should “give[] some deference to the master’s assessment [of which] method was more likely to result in a reasonable fee in this particular case.” Id. at 487 (emphasis added). Although “some deference” is neither precise nor easily quantifiable, we believe it adequately captures the weight that a district court should assign to the master’s recommendation of the lodestar or percentage-of-fund method. It also comports with the language of In re Continental Ill. Sec.

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142 F.3d 1004, 1998 WL 195939, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cook-v-niedert-ca7-1998.