Rum Creek Coal Sales, Inc. v. Caperton

31 F.3d 169, 1994 WL 383213
CourtCourt of Appeals for the Fourth Circuit
DecidedJuly 25, 1994
DocketNo. 93-1540
StatusPublished
Cited by220 cases

This text of 31 F.3d 169 (Rum Creek Coal Sales, Inc. v. Caperton) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rum Creek Coal Sales, Inc. v. Caperton, 31 F.3d 169, 1994 WL 383213 (4th Cir. 1994).

Opinions

Affirmed in part, reversed in part, and remanded by published opinion. Judge NIEMEYER wrote the opinion for the court, in which Judge WIDENER and Judge MURNAGHAN concurred in part. Judge WIDENER wrote a concurring opinion and Judge MURNAGHAN wrote an opinion concurring in part and dissenting in part.

OPINION

NIEMEYER, Circuit Judge:

This case, now here for the third time, presents issues relating to the proper allowance of attorneys fees to be awarded under 42 U.S.C. § 1988. As the prevailing party under 42 U.S.C. § 1983, Rum Creek Coal Sales, Inc., petitioned the district court for an award of $802,389 for fees and expenses incurred by its attorneys through January 1993. The district court awarded $406,857. Contending that the district court’s reduction was the product of legal error and constituted an abuse of discretion, Rum Creek Coal seeks an award of the full amount requested in its petition, together with (1) $72,373 for the post-petition period between January 1993 and May 31, 1993, before this appeal; (2) $20,000 for this appeal; and (3) a 5% overall enhancement for extraordinary success, for a total award of $939,501. To avoid further litigation, a possible fourth appeal, and attendant expenses, it requests that we determine the amount of the award, rather than remanding the case on the issue of attorney’s fees.

On review of the district court’s award, we affirm in part and reverse in part, allowing Rum Creek Coal $709,234.31 for fees and expenses through January 1993. To cover the fees and expenses incurred after that date, on which we have inadequate data on which to make an award, we remand the ease to the district court for entry of an additional award.

I

This litigation arose from a coal strike in 1989 by the United Mine Workers of America against Rum Creek Coal Sales, Inc. and other companies. Picketing strikers formed picket lines and barricades across Rum Creek Coal’s private access roads with fallen trees, logs, and scrap appliances, and they threw rocks and other projectiles at Rum Creek’s trucks in an effort to close down the coal mines. During the course of the strike, trucks were damaged and disabled and people were injured. The district court, when considering a preliminary injunction, characterized the conduct as “savagery” and called [173]*173it “uncivilized.” The company contended that millions of dollars’ worth of damages were caused.

Rum Creek Coal’s efforts to enlist the police to establish order met with little success. While the police would maintain patrols on public property at some distance from the violent barricades, they refused to enforce trespass laws on company property during a labor dispute. The policy of the West Virginia Department of Public Safety, based on West Virginia statutes, was that arrests may be made on private property for all criminal acts except trespass during a labor dispute. The Department deliberately refrained from “interfering in matters involving labor demonstrations or trespass on private roads or lands in connection therewith.” As a consequence, the police were ineffective in preventing the violence.

Two West Virginia statutes underlying the policy of the Department of Public Safety required police to remain neutral during labor disputes and limited the enforcement of trespass laws. The “Neutrality Statute” provided that no police officer may “aid or assist either party” to a labor dispute, W. Va.Code § 15-2-13, and the “Trespass Statute Proviso” stated that statutory trespass provisions “shall not apply in a labor dispute,” W. Va. Code § 61-3B-8.

Rum Creek Coal filed this action under 42 U.S.C. § 1983 in November 1989, contending that these state statutes interfered with federal labor policy by changing the balance between employer and employee established by the National Labor Relations Act (“NLRA”). It contended that West Virginia’s policy was preempted by the national labor policy and that the state statutes denied Rum Creek Coal rights guaranteed by the Equal Protection Clause and the Due Process Clause of the United States Constitution. Rum Creek Coal sought a declaratory judgment that the statutes were unconstitutional, and preliminary and permanent injunctions prohibiting enforcement of the statutes.

Following a four-day hearing in January 1990 on the motion for a preliminary injunction to bar enforcement of the Trespass Statute Proviso, the district court refused to order the preliminary injunction. On appeal, we reversed, concluding that the state’s policy of withdrawing the general protection of the trespass statutes during a labor dispute conflicted with and was preempted by the NLRA. See Rum Creek Coal Sales, Inc. v. Caperton (“Rum Creek Coal I”), 926 F.2d 353 (4th Cir.1991). The Neutrality Statute was not addressed at that time.

On remand, Rum Creek Coal filed a motion for summary judgment on the merits of its claims, seeking a declaratory judgment that both the Trespass Statute Proviso and the Neutrality Statute were unconstitutional and a permanent injunction prohibiting their enforcement. At the same time, the district court granted the motion of the AFL-CIO to intervene and participate on behalf of the West Virginia defendants. Following discovery and briefing by all parties, the district court granted Rum Creek Coal’s motion to declare the Trespass Statute Proviso unconstitutional, but it denied the motion with respect to the Neutrality Statute. On appeal, we again reversed, concluding that the Neutrality Statute likewise violated the federal policy governing labor relations and was therefore preempted. Rum Creek Coal Sales, Inc. v. Caperton (“Rum Creek Coal II”), 971 F.2d 1148 (4th Cir.1992).

Thereafter, Rum Creek Coal Company filed a petition for attorney’s fees and costs incurred through January 1993 in the amount of $802,388.85, which it had paid to its two law firms, Hunton & Williams of Richmond, Virginia, and Smith, Heenan & Althen of Charleston, West Virginia. The matter was referred to a magistrate judge who disallowed $221,161 and approved the figure of $581,228, leaving open for the district court the possibility of a further across-the-board reduction. In making the reductions, the magistrate judge . disallowed $11,008.75 in fees and expenses relating to media communications and public relations regarding the case; $1,203.75 in fees and expenses relating to an unsuccessful amicus brief; $33,839.54 in fees and expenses relating to an unsuccessful opposition to the AFL-CIO’s motion to intervene; and $2,831.50 requested by Smith, Heenan & Althen for “general assistants.” In addition to these specific reductions, the [174]*174magistrate judge reduced the hourly rates charged by both law firms because he found them to be excessive. He relied on his own knowledge of the prevailing community rates in Charleston and on the attorneys’ failure, when billing, to distinguish between in-court and out-of-court time.

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Bluebook (online)
31 F.3d 169, 1994 WL 383213, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rum-creek-coal-sales-inc-v-caperton-ca4-1994.