Thornberry v. Delta Air Lines, Inc.

676 F.2d 1240, 30 Fair Empl. Prac. Cas. (BNA) 1674, 34 Fed. R. Serv. 2d 52, 1982 U.S. App. LEXIS 19527, 29 Empl. Prac. Dec. (CCH) 32,747
CourtCourt of Appeals for the Ninth Circuit
DecidedMay 5, 1982
DocketNos. 81-4182, 81-4197
StatusPublished
Cited by39 cases

This text of 676 F.2d 1240 (Thornberry v. Delta Air Lines, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Thornberry v. Delta Air Lines, Inc., 676 F.2d 1240, 30 Fair Empl. Prac. Cas. (BNA) 1674, 34 Fed. R. Serv. 2d 52, 1982 U.S. App. LEXIS 19527, 29 Empl. Prac. Dec. (CCH) 32,747 (9th Cir. 1982).

Opinion

FERGUSON, Circuit Judge:

Several appeals and cross-appeals are involved in this case. All of the appeals and cross-appeals, however, are directed to the appropriateness of the amount of attorneys’ fees awarded to attorneys representing a class of female employees in a Title VII suit against Delta Air Lines.

The suit resulted in a settlement with Delta which provided for a claims procedure to provide Delta employees with open-ended relief from sex discrimination, a complaint process within Delta’s employment structure to deal with any sex discrimination complaints which might arise in the future, changes in job description and promotional opportunities for women, and an explicit-[1242]*1242monetary settlement for the four named plaintiffs. The agreement also provided for payment to attorneys for the handling of claims pursuant to the claims procedure. With respect to the issue of plaintiffs’ attorneys’ fees and costs during litigation, the agreement provides as follows:

After final approval of this agreement, the parties shall negotiate concerning the amount of the costs, including attorneys’ fees, to be awarded, subject to court approval. Should the parties fail to agree on this issue within thirty-five (35) days of final approval of the Settlement Agreement, and no appeal having been taken from the approval order, plaintiffs may file a motion according to the court’s regular calendar procedures seeking an award of costs, including reasonable attorneys’ fees.

After the parties failed to reach agreement concerning the amount of plaintiffs’ attorneys’ fees and costs within the stipulated 35-day period, plaintiffs applied to the court for an appropriate award. The total amount of fees sought by plaintiffs was $409,846.88. In addition, plaintiffs sought reimbursement for costs incurred by them in the litigation in the amount of $90,571.92. The court entered judgment on December 5, 1980 in favor of plaintiffs in the amount of $224,334.88 for attorneys’ fees and $83,-918.51 for costs incurred in the prosecution of the action.

Delta filed this appeal from that judgment. Plaintiffs cross-appealed from the portion of the court’s subsequent orders of December 5, 1980 denying $6,653.41 in travel expenses, and March 31, 1981 granting them only $2,700.00 in additional fees.

The trial court has broad discretion to determine reasonable attorneys’ fees and costs. Such a decision is not to be disturbed except for abuse of discretion. Under this narrow standard of review, we reject both the appeal and the cross-appeal, and affirm the judgment and subsequent orders of the district court.

The only real issue in this case is whether the district court abused its discretion in awarding the stated amount to the plaintiffs.

Title VII confers statutory authority on the court to award attorneys’ fees. Section 706(k), 42 U.S.C. § 2000e-5(k). The trial court’s broad discretion to determine reasonable attorneys’ fees has been well recognized by the circuits. Sangster v. United Air Lines, Inc., 633 F.2d 864 (9th Cir. 1980); In re Gypsum Antitrust Cases, 565 F.2d 1123 (9th Cir. 1977); Schaeffer v. San Diego Yellow Cabs, Inc., 462 F.2d 1002 (9th Cir. 1972). In Schaeffer v. San Diego Yellow Gabs, the Ninth Circuit emphasized that the allowance of reasonable fees in Title VII cases is an important feature of the enforcement provisions of the act. The Supreme Court in Newman v. Piggie Park Enterprises, Inc., 390 U.S. 400, 88 S.Ct. 964, 19 L.Ed.2d 1263 (1968), stated that the amount of the award should not be so low that the award would discourage others seeking to attack discriminatory practices. The trial court must consider the congressional objective of giving victims of discrimination access to the courts when determining an appropriate fee award.

Due to the trial judge’s familiarity with the litigation, review of the trial court’s exercise of discretion in awarding attorneys’ fees is narrow. The District of Columbia Court of Appeals, en banc, stated:

It is common learning that an attorney’s fee award by the District Court will be upset on appeal only if it represents an abuse of discretion. We customarily defer to the District Court’s judgment because an appellate court is not well situated to assess the course of litigation and the quality of counsel. The District Court judge, by contrast, closely monitors the litigation on a day-to-day basis. The Supreme Court long ago observed that a trial judge “has far better means of knowing what is just and reasonable than an appellate court can have.” Trustees v. Greenough, 105 U.S. 527, 537, 26 L.Ed. 1157 (1882). Accordingly, we think “it is better to have th[e] discretion [to award fees] exercised by the court which has been most intimately connected with the case.”

[1243]*1243Copeland v. Marshall, 641 F.2d 880, 901 (D.C.Cir.1979). Likewise, the Ninth Circuit has held:

In reviewing the court’s exercise of its discretion, we are not to “substitute our ideas of fairness for those of the district judge in the absence of evidence that he acted arbitrarily.” Patterson v. Newspaper & Mail Deliverers’ Union, 514 F.2d 767, 771 (2d Cir. 1975), cert. denied, 427 U.S. 911, 96 S.Ct. 3198, 49 L.Ed.2d 1203 (1976), and such evidence must constitute a “clear showing” of abuse of discretion, Flinn v. FMC Corp., 528 F.2d 1169, 1172 (4th Cir. 1975), cert. denied, 424 U.S. 967, 96 S.Ct. 1462, 47 L.Ed.2d 734 (1976).

In re Gypsum Antitrust Cases, supra, 565 F.2d at 1128.

In the instant case, Judge Peckham closely monitored the litigation over a period of approximately five years, and carefully considered the evidence on attorneys’ fees.

In determining the amount of fees to be awarded in Title VII litigation, courts have adopted two overlapping frameworks of analysis: the lodestar approach, Lindy Bros. Bldrs., Inc. v. American Radiator & Standard Sanitary Corp., 487 F.2d 161 (3rd Cir. 1973), and the Johnson approach, Johnson v. Georgia Highway Express, Inc., 488 F.2d 714 (5th Cir. 1974). Both the Johnson and the lodestar approach are consistent with the legislative intent of the statutory fee provision of Title VII.

In the instant case, the district court combined the two approaches. First, Judge Peckham weighed a number of the factors listed in Johnson,

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

Related

In re: Kevan Harry Gilman
Ninth Circuit, 2019
Earnest Woods, Ii v. Santos Cervantes
722 F.3d 1177 (Ninth Circuit, 2013)
Finkelstein v. Bergna
804 F. Supp. 1235 (N.D. California, 1992)
Poole v. Rourke
779 F. Supp. 1546 (E.D. California, 1991)
Davis v. Mason County
927 F.2d 1473 (Ninth Circuit, 1991)
In Re Glacier Bay
746 F. Supp. 1379 (D. Alaska, 1990)
Missouri v. Jenkins Ex Rel. Agyei
491 U.S. 274 (Supreme Court, 1989)
Robinson v. Ariyoshi
703 F. Supp. 1412 (D. Hawaii, 1989)
Pacific West Cable Co. v. City of Sacramento, Cal.
693 F. Supp. 865 (E.D. California, 1988)
Ford Motor Co. v. Kuan Tong Indus. Co., Ltd.
697 F. Supp. 1108 (N.D. California, 1987)
United States v. City of Twin Falls
806 F.2d 862 (Ninth Circuit, 1986)
Ackerman v. Western Electric Co.
113 F.R.D. 143 (N.D. California, 1986)
Gorelangton v. City of Reno
638 F. Supp. 1426 (D. Nevada, 1986)
Shannon v. Pay 'N Save Corp.
709 P.2d 799 (Washington Supreme Court, 1985)

Cite This Page — Counsel Stack

Bluebook (online)
676 F.2d 1240, 30 Fair Empl. Prac. Cas. (BNA) 1674, 34 Fed. R. Serv. 2d 52, 1982 U.S. App. LEXIS 19527, 29 Empl. Prac. Dec. (CCH) 32,747, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thornberry-v-delta-air-lines-inc-ca9-1982.