International Ass'n of Machinists & Aerospace Workers Lodge No. 1194 v. Sargent Industries

63 F.R.D. 623, 87 L.R.R.M. (BNA) 2906, 1974 U.S. Dist. LEXIS 7676
CourtDistrict Court, N.D. Ohio
DecidedJuly 11, 1974
DocketNo. C 71-260
StatusPublished
Cited by2 cases

This text of 63 F.R.D. 623 (International Ass'n of Machinists & Aerospace Workers Lodge No. 1194 v. Sargent Industries) is published on Counsel Stack Legal Research, covering District Court, N.D. Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
International Ass'n of Machinists & Aerospace Workers Lodge No. 1194 v. Sargent Industries, 63 F.R.D. 623, 87 L.R.R.M. (BNA) 2906, 1974 U.S. Dist. LEXIS 7676 (N.D. Ohio 1974).

Opinion

MEMORANDUM

WALINSKI, District Judge:

This cause came to be heard on cross-memoranda with respect to an award of attorney’s fees in the action brought pursuant to 29 U.S.C., § 185(a) and (b), inter alia,.

Traditionally, the American legal system has resisted any attempt to tax counsel fees as costs. At least one commentator suggests that that reluctance to grant legal fees to a successful party is unique in our system. See, Note, Attorney’s Fees: Where Shall the Ultimate Burden Lie?, 20 Vand.L.Rev. 1216 (1967); Ehrenzwieg, Reimburse[625]*625ment of Counsel Fees and the Great Society, 54 Calif.L.Rev. 792, 793 (1966). The Supreme Court, in affirming an award of attorney’s fees in a case brought under the Labor-Management Reporting and Disclosure Act (29 U.S.C., § 412), has recently discussed the propriety of such an award. Cole v. Hall, 412 U.S. 1, 93 S.Ct. 1943, 36 L.Ed.2d 702 (1973). In Cole the Court set out the exceptions to the general rule. They are:

(a) Statutory Authorization—Congress has, in some instances, specifically provided for the payment of attorney’s fees to a successful litigant. See, Labor-Management Reporting and Disclosure Act, §§ 201(c) and 501(b), 29 U.S. C., §§ 431(c) and 501(b). See also, Clayton Act, 15 U.S.C., § 15; Communications Act of 1934, 47 U.S.C., § 206. In a comment in the University of Chicago Law Review, the author also lists instances of fee shifting when the defendant is forced to comply with an administrative agency. Comment, The Allocation of Attorney’s Fees After Mills v. Auto-Lite Co., 38 U.Chi.L.Rev. 316, 318 n. 12 (1971); Packers and Stockyards Act, 7 U.S.C., § 210(f); Perishable Agricultural Commodities Act, 7 U. S.C., § 499g(b); Railway Labor Act, 45 U.S.C., § 153(p); Interstate Commerce Act, 49 U.S.C., § 16(2). See, e. g., Yablonski v. United Mine Workers, 151 U.S.App.D.C. 253, 466 F.2d 424 (1972), cert. denied, 412 U.S. 918, 93 S.Ct. 2729, 37 L.Ed.2d 144 (1973) (Labor-Management and Disclosure Act); La Raza Unida v. Volpe, 57 F.R.D. 94 (N.D.Cal. 1972) (Department of Transportation Act, 49 U.S.C., § 1653(f)); Johnson v. Georgia Highway Express, Inc., 5 Cir., 488 F.2d 714, 716 (1974) (Title VII, Civil Rights Act of 1964 [42 U.S.C., § 2000e-5(k)]).

(b) Class-Benefit Doctrine— When a single plaintiff or a small group of plaintiffs successfully pursue litigation that accrues to the benefit of a larger group, the courts will often order that the cost of litigation, including attorney’s fees, be deducted from the total recovery in order to equitably disperse those costs. See, e. g., Cole, supra 412 U.S. at 15, 93 S.Ct. 1943; Mills v. Electric Auto-Lite Co., 396 U.S. 375, 391-392, 90 S.Ct. 616, 24 L.Ed.2d 593 (1970); Fleischmann Distilling Corp. v. Maier Brewing Co., 386 U.S. 714, 718, 87 S.Ct. 1404, 18 L.Ed.2d 475 (1967); Sprague v. Ticonic National Bank, 307 U.S. 161, 166, 59 S.Ct. 777, 83 L.Ed. 1184 (1939). Those cases had their genesis in the Supreme Court’s recognition of the courts’ general equity powers. Central Railroad and Banking Co. of Georgia v. Pettus, 113 U.S. 116, 28 L.Ed. 915 (1885); Trustees v. Green-ough, 105 U.S. 527, 26 L.Ed. 1157 (1881).

(c) General Equity Power— Primarily utilized by courts where the losing party has engaged in behavior which indicates a necessity for sanctions, that is not necessarily a limiting requisite. The cases have been replete with language running from “(the litigants) have been subjected to discriminatory and oppressive conduct,” Rolax v. Atlantic Coast Line R.R., 186 F.2d 473, 481 (4th Cir. 1950); and, “the willfulness inherent in the contemptuous act is a major consideration,” In re Federal Facilities Realty Trust, 227 F.2d 657, 658 (7th Cir. 1955); to a finding that the defendant’s behavior was “unreasonably and obdurately obstinate.” See, Gates v. Collier, 349 F.Supp. 881 (N.D. Miss.1972), aff’d 489 F.2d 298 (5th Cir. 1973), and that the conditions maintained by those defendants were “philosophically, psychologically, physically, racially and morally intolerable,” 349 F. Supp. at 892 (citing an interim report by the Mississippi State Planning Agency, the Law Enforcement Assistance Administration and the American Correctional Association). See also, Knight v. Auciello, 453 F.2d 852 (1st Cir. 1972); Kahan v. Rosenstiel, 424 F.2d 161 (3rd Cir. 1970); Guardian Trust Co. v. Kan[626]*626sas City Southern Ry., 28 F.2d 233 (8th Cir. 1928), rev’d on other grounds, 281 U.S. 1, 50 S.Ct. 194, 74 L.Ed. 659 (1929). There have been no charges, nor evidence, of bad faith on the part of these defendants. Such a showing is not dispositive, however. Legislatures, and courts, have become increasingly willing to grant attorney’s fees to encourage implementation of particular social policies or to equalize the practical, financial leverage involved in litigation. See generally, Note, Allowance of Attorney Fees in Civil Rights Litigation Where the Action is Not Based on a Statute Providing for an Award of Attorney Fees, 41 Cin.L.Rev. 405 (1972). See, Lee v. Southern Home Sites Corp., 444 F.2d 143, 145 (5th Cir. 1971) (Fair Housing [42 U.S.C., § 1982]); Thomas v. Myers-Dickson Furniture Co., 479 F. 2d 740 (5th Cir. 1973) ; and Jones v. Seldon’s Furniture Warehouse, Inc., 357 F.Supp. 886 (E.D.Va.1973) (Truth-in-Lending [15 U.S.C., § 1640(a)]); See also, Foster v. Irwin, 258 F.Supp. 709 (E.D.La.1966) (Fair Labor Standards [29 U.S.C., § 216(b)]). Probably the greatest number of cases in which the courts have allowed attorney’s fees to successful litigants, absent specific statutory authorization, has been in those cases which have sought to implement the phrase “with all deliberate speed” contained in Brown v. Board of Education, 347 U.S. 483, 74 S.Ct. 686, 98 L.Ed. 873 (1954), in regard to racial desegregation. See, e. g., Newman v. Piggie Park Enterprises, 390 U.S. 400, 88 S.Ct. 964, 19 L.Ed.2d 1263 (1968) ; Southern Home Sites, Inc., supra 44 F.2d at 146; Brewer v. School Board of the City of Norfolk, Virginia, 456 F.2d 943, 954 (4th Cir. 1972); Clark v. Board of Education of the Little Rock School District, 369 F.2d 661 (8th Cir. 1966); Bell v. School Board of Powhatan County, 321 F.2d 494 (4th Cir. 1963); Dyer v. Love, 307 F.Supp. 974 (N.D.Miss.1969); Cato v. Parham, 293 F.Supp. 1375 (E.D.Ark.), aff’d 403 F.2d 12 (8th Cir. 1968).

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63 F.R.D. 623, 87 L.R.R.M. (BNA) 2906, 1974 U.S. Dist. LEXIS 7676, Counsel Stack Legal Research, https://law.counselstack.com/opinion/international-assn-of-machinists-aerospace-workers-lodge-no-1194-v-ohnd-1974.