Richard Stomper v. Amalgamated Transit Union, Local 241

27 F.3d 316, 146 L.R.R.M. (BNA) 2663, 1994 U.S. App. LEXIS 15434, 1994 WL 273273
CourtCourt of Appeals for the Seventh Circuit
DecidedJune 22, 1994
Docket93-3468
StatusPublished
Cited by39 cases

This text of 27 F.3d 316 (Richard Stomper v. Amalgamated Transit Union, Local 241) 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
Richard Stomper v. Amalgamated Transit Union, Local 241, 27 F.3d 316, 146 L.R.R.M. (BNA) 2663, 1994 U.S. App. LEXIS 15434, 1994 WL 273273 (7th Cir. 1994).

Opinions

EASTERBROOK, Circuit Judge.

Members of Amalgamated Transit Union Local 241 sued under the Labor-Management Reporting and Disclosure Act, seeking to inspect documents in the local’s possession. The union soon provided most of the information the members wanted, and they decided to abandon their claim for the rest. They did, however, ask for attorneys’ fees under § 201(c) of the LMRDA, 29 U.S.C. § 431(c). The district court dismissed the complaint without awarding any of the relief the members sought, but it directed the union to pay approximately $10,000 in fees. As the court evaluated matters, the members obtained most of what they wanted and therefore are entitled to fees. 1993 U.S.Dist. LEXIS 12655 (N.D.I11.).

If this were a suit to which 42 U.S.C. § 1988 applied, the district court’s approach would be appropriate. For that statute permits an award to the “prevailing party,” and in litigation as in battle one may prevail by persuading one’s adversary to retire from the field. Maher v. Gagne, 448 U.S. 122, 100 S.Ct. 2570, 65 L.Ed.2d 653 (1980); Hewitt v. Helms, 482 U.S. 755, 760-61, 107 S.Ct. 2672, 2675-76, 96 L.Ed.2d 654 (1987); Hill v. Richardson, 7 F.3d 656 (7th Cir.1993); Baumgartner v. Harrisburg Housing Authority, 21 F.3d 541 (3d Cir.1994). But § 201(c) lacks prevailing-party language. Instead it provides:

The court in such action may, in its discretion, in addition to any judgment awarded to the plaintiff or plaintiffs, allow a reason[318]*318able attorney’s fee to be paid by the defendants, and costs of the action.

The district court brushed aside the difference between § 201(c) and § 1988. Relying exclusively on cases decided under § 1988 and 42 U.S.C. § 2000e-5(k), a similar provision in Title VII of the Civil Rights Act of 1964, the court wrote that a “plaintiff will be considered a prevailing party regardless of the actual merits of the lawsuit as long as some significant benefit is obtained as a result of the lawsuit.” Although the local union contended that the suit is not meritorious and that it provided the documents to plaintiffs only because that was cheaper than defending the suit, the district court held that so long as the claim is not frivolous, and the plaintiff obtains some relief through voluntary compliance, an award of fees is in order.

Yet § 201(c) does not refer to “prevailing parties.” Any tendency to treat all attorneys’ fees statutes as if they were insignificant variations on § 1988 was squelched by Fogerty v. Fantasy, Inc., — U.S. —, 114 S.Ct. 1023, 127 L.Ed.2d 455 (1994), which holds that even a statute with the same text as § 1988 does not necessarily have the same meaning. The Court treated § 1988 and § 2000e-5(k) as laws with a unique background and history of interpretation, which cannot be generalized to other statutes authorizing the award of fees. — U.S. at —, 114 S.Ct. at 1027-28. Different statutes receive individual analysis, with principal focus on their language — including the interpretation similar language in other statutes had received before Congress enacted the version at hand. Id. at -, 114 S.Ct. at 1030-83.

Congress enacted § 201 in 1959, and the statute has not been amended since. The Civil Rights Act of 1964 lay in the future, and an interpretation of §§ 1988 and 2000e-5(k) to authorize awards of fees to plaintiffs who did not obtain a favorable judgment was not to come until 1980, when the Court decided Maher. The parties have not cited, and we did not find, any decisions before 1959 treating language authorizing an award of fees “in addition to any judgment” as authorizing an award to plaintiffs who did not obtain a favorable decision from the court. The language of § 201(c) derives from the Fair Labor Standards Act, and not until 1987 did any appellate court construe such language as permitting an award to a plaintiff who did not obtain a favorable judgment. Diaz v. Robert Ruiz, Inc., 808 F.2d 427, 429 (5th Cir.1987). Contra, Brennan v. Ace Hardware Corp., 495 F.2d 368, 374 n. 11 (8th Cir.1974). Ace Hardware, decided before Maher held that a settlement can lead to fees under § 1988, treated the statutory issue as straightforward; Diaz thought the question equally clear, not troubling to cite the language of the statute or acknowledge the contrary decision in Ace Hardware. Perhaps the defendants conceded that Maher applies to all statutes authorizing attorneys’ fees. Still, to this day, no federal court (other than the district court in this case) has construed § 201(c) as authorizing such an award.

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Bluebook (online)
27 F.3d 316, 146 L.R.R.M. (BNA) 2663, 1994 U.S. App. LEXIS 15434, 1994 WL 273273, Counsel Stack Legal Research, https://law.counselstack.com/opinion/richard-stomper-v-amalgamated-transit-union-local-241-ca7-1994.