At page 1059 Discretion in awarding reasonable compensation to counsel66 citing cases“unreasonable demands, knowing that the only unfavorable consequence of such misconduct would be reduction of their fee to what they should have asked for in the first place.”
- Bogopa Serv. Corp. v. 3370 Halal Food Bazaar Inc., No. 2:20-cv-06034 (E.D.N.Y. Mar. 16, 2022).(‘may’ sometimes means ‘won’t’)
- Senior Lifestyle Corp. v. Key Benefits Administrators, Inc., No. 1:17-cv-02457 (S.D. Ind. July 6, 2020).(As previously noted, the applicable statute provides that the court in its discretion May allow counsel fees. As Chief Justice Thomas McKean of Pennsylvania once remarked on a memorable occasion 'may' sometimes means '…)
- Cobell v. Norton, 407 F. Supp. 2d 140 (D.D.C. 2005).published “the district court was warranted in departing from the usual practice and reacting vigorously to prevent such abuse of the court's authority to award reasonable compensation to counsel”
- Gatore v. United States Dep't of Homeland Sec., No. 2015-0459 (D.D.C. Mar. 6, 2025).publishedCir. 1993) (quoting Brown v. Stackler, 612 F.2d 1057, 1059 (7th Cir. 1980)).
- Meyer v. Mittal, No. 3:21-cv-00621, 2025 WL 654075 (D. Or. Feb. 28, 2025).Co., 402 F.3d 43 (1st Cir. 2005); Lewis v. Kendrick, 944 F.2d 949, 958 (1st Cir.1991); Brown v. Stackler, 612 F.2d 1057, 1059 (7th Cir.1980)).
- Guillen v. Armour Home Improvement, Inc., No. 1:19-cv-02317 (D. Md. Aug. 20, 2024).Id. (citing Brown v. Stackler, 612 F.2d 1057, 1059 (7th Cir. 1980)).
- Burgo v. Boulevard Autogroup, LLC, No. 2:23-cv-03187 (E.D. Pa. Aug. 1, 2024).Palmer v. C&D Technologies, Inc., 897 F.3d 128, 139 (3d Cir. 2018) (quoting Rode, 892 F.2d at 1183 )). 43 Clemens, 903 F.3d at 400 (citations omitted). 44 United States v. Eleven Vehicles, Their Equip. & Accessories, 200 F.3d 203, 211 (3d…
- Sims v. Young, No. 1:23-cv-00053 (D. Utah Nov. 21, 2023).So trial courts may take into account their overall sense of a suit, and may use estimates in calculating and allocating an attorney’s time.”); Malloy v. Monahan, 73 F.3d 1012, 1018 (10th Cir. 1996) (“[T]he district court need not identify…
- City of Las Cruces v. United States, No. 2:17-cv-00809 (D.N.M. July 14, 2022). These holdings’ purpose is to “deter attorneys from ‘mak[ing] unreasonable demands, knowing that the only unfavorable consequence of such misconduct would be reduction of their fee to what they should have asked for in the first place.’” C…
- Stetson Skender v. Eden Isle Corp., 33 F.4th 515 (8th Cir. 2022).published“were required to award a reasonable fee when an outrageously unreasonable one has been asked for, claimants would be encouraged to make unreasonable demands, knowing that the only unfavorable consequence of such miscond…”
Show 52 more citing cases
- Grant v. Lockett, No. 19-469 (L), 2021 WL 5816245 (2d Cir. Dec. 8, 2021).unpublishedCo., 903 F.3d 396, 398 (3d Cir. 2018) (quoting Brown v. Stackler, 612 F.2d 1057, 1059 (7th Cir. 1980)).
- Giedgowd v. Cafaro Grp., LLC, No. 2:20-cv-06184 (E.D. Pa. Oct. 26, 2021).Palmer v. C&D Tech., Inc., 897 F.3d 128, 137 (3d Cir. 2018) (quoting Bell v. United Princeton Props., Inc., 884 F.2d 713 , 720 (3d Cir. 1989)). 12 Clemens, 903 F.3d at 398 (quoting Brown v. Stackler, 612 F.2d 1057, 1059 (7th Cir. 1980)). 1…
- United States v. $114,700.00 in United States Currency, No. 1:17-cv-00452 (D. Colo. Aug. 26, 2020).“The reason for acting punitively when a party asks for fees that are outrageously excessive is to deter attorneys from ‘mak[ing] unreasonable demands, knowing that the only unfavorable consequence of such misconduct would be reduction of…
- Eberle, Adam v. Overdrive, Inc., No. 3:19-cv-00466 (W.D. Wis. June 29, 2020).Second, Eberle contends that Overdrive’s claimed $17,824.50 in fees is so outrageous and grossly disproportionate that it should be denied entirely, citing Brown v. Stackler, 612 F.2d 1057, 1059 (7th Cir. 1980).
- USA ex rel. Intl. Bhd. of Elec. Workers v. Fairfield Co., No. 5:09-cv-04230 (E.D. Pa. Apr. 10, 2020).Co., 903 F.3d 396, 398 (3d Cir. 2018) (quoting Brown v. Stackler, 612 F.2d 1057, 1059 (7th Cir. 1980)). 50 The 3,114.2 hours performed by attorneys is broken down to 3,082 hours for work performed in Phases 1 – 11 from January 2008 to Janu…
- Thomas v. Bannum Place of Saginaw, No. 4:17-cv-13492 (E.D. Mich. Sept. 23, 2019).Co., 903 F.3d 396, 398 (3rd Cir. 2018) (quoting Brown v. Stackler, 612 F.2d 1057, 1059 (7th Cir, 1980)).
- Craig v. Lew, No. 2014-1340 (D.D.C. Nov. 21, 2018).publishedFund v. Reilly, 1 F.3d 1254 , 1258 (D.C. Cir. 1993) (quoting Brown v. Stackler, 612 F.2d 1057, 1059 (7th Cir. 1980)), in the future this Court may be less inclined to reduce a fee award, should the government fail to suggest reasonable red…
- James S. Cohen v. Samantha O. Perelman in the Matter of the Est. of Robert B. Cohen (c-000094-12 & P-000211-12, Bergen Cnty. & Statewide) (Consol.), No. A-3275-14T4/A-3286-14T4 (N.J. Super. Ct. App. Div. Nov. 19, 2018).unpublishedIn Clemens v. New York Central Mutual Life Insurance Co., 903 F.3d 396, 402-03 (3rd Cir. 2018), Fair Housing Council of Greater Washington v. Landow, 999 F.2d 92, 98-99 (4th Cir. 1993), Lewis v. Kendrick, 944 F.2d 949, 958 (1st Cir. 1991),…
- Douglas v. W. Union Co., No. 1:14-cv-01741 (N.D. Ill. Aug. 31, 2018).When it is not, the request may be denied.”); Brown v. Stackler, 612 F.2d 1057, 1059 (7th Cir. 1980) (“The District Court, finding appellants’ claim outrageously excessive, denied fees entirely.
- Young v. Smith, 269 F. Supp. 3d 251 (M.D. Pa. 2017).published Brown v. Stackler, 612 F.2d 1057, 1059 (7th Cir. 1980). .
- Demetra Baylor v. Mitchell Rubenstein & Associat, 857 F.3d 939 (D.C. Cir. 2017).published Brown, 612 F.2d at 1059; see Reilly, 1 F.3d at 1258 (approving Brown’s rationale in our Circuit); Landow, 999 F.2d at 98 (forbidding “gamesmanship” of filing excessive request “in the hope that the district court [will] at least award some…
- SeTara Tyson v. Al Chami, 659 F. App'x 346 (6th Cir. 2016).unpublishedDefendants also repeatedly quote Brown v. Stackler, 612 F.2d 1057, 1059 (7th Cir. 1980), in which the Seventh Circuit held that a district court did not abuse its discretion by denying outright a request for an “outrageously unreasonable”…
- Elec. Privacy Info. Ctr. v. United States Dep't of Homeland Sec., 982 F. Supp. 2d 56 (D.D.C. 2013).published“We may deny in its entirety a request for an 'outrageously unreasonable’ amount, lest claimants feel free to make 'unreasonable demands, knowing that the only unfavorable consequence of such misconduct would be reductio…”
- Covington v. McNeese State Univ., 98 So. 3d 414 (La. Ct. App. 2012).published McNeese cites Brown v. Stackler, 612 F.2d 1057, 1059 (7th Cir.1980), which involved a lawyer who demanded 800 hours of billable time for preparation of a six-page complaint on “a simple case which required little legal skill;” and Lewis v.…
- Elec. Privacy Info. Ctr. v. United States Dep't of Homeland Sec., 811 F. Supp. 2d 216 (D.D.C. 2011).publishedFund, Inc. v. Reilly, 1 F.3d 1254 , 1258 (D.C.Cir.1993) (quoting Brown v. Stackler, 612 F.2d 1057, 1059 (7th Cir.1980)).
- Elec. Privacy Info. Ctr. v. United States Deptment of Homeland Sec., No. 2009-2084 (D.D.C. Sept. 12, 2011).publishedFund, Inc. v. Reilly, 1 F.3d 1254 , 1258 (D.C. Cir. 1993) (quoting Brown v. Stackler, 612 F.2d 1057, 1059 (7th Cir. 1980)).
- Savin v. Sec'y of Health & Human Servs., 85 Fed. Cl. 313 (Fed. Cl. 2008).publishedFor example, it is the court's prerogative (indeed, its duty) to winnow out excessive hours, time spent tilting at windmills, and the like."); McDonald v. Pension Plan, 450 F.3d 91 , 96-97 (2d Cir.2006) ("A district court may exercise its…
- First State Ins. Grp. v. Nationwide Mut. Ins., 402 F.3d 43 (1st Cir. 2005).publishedSee Lewis v. Kendrick, 944 F.2d 949, 958 (1st Cir.1991); Brown v. Stackler, 612 F.2d 1057, 1059 (7th Cir.1980). 1 The court’s order may be read to overstate the degree to which Nationwide’s and Wausau’s papers in support of their emergency…
- Constr. Servs. in Samoa Inc. v. Am. Samoa Gov't, 9 Am. Samoa 3d 93 (2004).published“appropriate, and hopefully effective, means of encouraging counsel to maintain adequate records and submit reasonable, carefully calculated, and conscientiously measured claims”
- T&D Video, Inc. v. City of Revere, 17 Mass. L. Rptr. 448 (Mass. Super. Ct. 2004).publishedCouncil of Greater Wash, 999 F.2d at 92; Lewis v. Kendrick, 944 F.2d 949, 958 (1st Cir. 1991); Brown v. Stackler, 612 F.2d 1057, 1059 (7th Cir. 1980).
- Eli Lilly & Co. v. Zenith Goldline Pharm., Inc., 264 F. Supp. 2d 753 (S.D. Ind. 2003).published To discourage such greed a severer reaction is needful.” Brown, 612 F.2d at 1059; accord, Lewis, 944 F.2d at 958 (“A request for attorney’s fees is required to be in good faith and in *760 reasonable compliance with judicial pronouncements…
- Case v. Unified Sch. Dist. No. 233, 157 F.3d 1243 (10th Cir. 1998).published“mak[ing] unreasonable demands, knowing that the only unfavorable consequence of such misconduct would be reduction of their fee to what they should have asked for in the first place”
- Scham v. Dist. Courts Trying Crim. Cases, 148 F.3d 554 (5th Cir. 1998).published Dist., 489 U.S. 782, 792 , 109 S.Ct. 1486 , 103 L.Ed.2d 866 (1989) 10 Watkins, 7 F.3d at 456 11 Williams v. Thomas, 692 F.2d 1032, 1036 (5th Cir.1982), cert. denied, 462 U.S. 1133 , 103 S.Ct. 3115 , 77 L.Ed.2d 1369 (1983) 12 Fair Housing C…
- Peter v. Wedl, 18 F. Supp. 2d 1002 (D. Minn. 1998).publishedDefendants rely on cases such as Thelen Oil Co. v. Fina Oil & Chemical Co., 962 F.2d 821 (8th Cir.1992) and Brown v. Stackler, 612 F.2d 1057, 1059 (7th Cir.1980).
- Liddle & Robinson v. Kidder Peabody & Co, 146 F.3d 899 (D.C. Cir. 1998).publishedAlthough a district court might in some circumstances consider a fee request, or a particular item within a fee request, so “outrageously unreasonable” that outright denial of the request or an item within the request would be appropriate,…
- Andrews v. United States, 122 F.3d 1367 (11th Cir. 1997).publishedSee, e.g., Environmental Defense Fund, Inc. v. Reilly, 1 F.3d 1254, 1258 (D.C.Cir.1993); Fair Housing Council v. Landow, 999 F.2d 92 , 96-97 (4th Cir.1993); Brown v. Stackler, 612 F.2d 1057, 1059 (7th Cir.1980); see also Loranger v. Stierh…
- Gloria J. Andrews, Donald Robert Woodman, Individually & as Next Friend of Scott Forrest Woodman & as Pers. Rep. for the Est. of Yvonne E. Woodman, Yvonne E. Woodman, Deceased, Scott Forrest Woodman, Candra Dawn Woodman, Steven Dwight Woodman, Seaman Apprentice, Plaintiffs-Appellees-Cross-Appellants v. United States of Am., Defendant-Cross-Claimant-Counter-Claimant- Cross-Appellee, Waste Control of Florida, Inc., Waste Mgmt., Inc., Defendants-Cross-Claimants-Counter-Defendants- Cross-Defendants, Refuse Servs., Inc., Defendant-Cross-Claimant-Counter-Defendant, Duval Garbage Co., Alvin Lindsey Speicher, Gail P. Speicher, Alvin Lindsey Speicher, Jr., Plaintiffs-Appellees-Cross-Appellants, Skyler R. Speicher v. United States of Am., Defendant-Cross-Defendant-Cross-Claimant-Counter- Claimant-Appellant-Cross-Appellee, Waste Control of Florida, Inc., Waste Mgmt., Inc., Refuse Servs., Inc., Defendants-Cross-Claimants-Cross- Defendants-Counter-Defendants. Virginia Hansen Smith, as Pers. Rep. for the Est. of Michael Stramel, Deceased, Plaintiff-Appellee-Cross-Appellant, Michael Stramel, Tina M. McBeth Chris Hansen, Jill Hansen Leslie, Eva E. Stramel, Plaintiffs-Appellees-Cross-Appellants v. United States of Am., Defendant-Cross-Defendant, Cross-Claimant, Appellant-Cross-Appellee, Waste Control of Florida, Inc., Waste Mgmt., Inc., Refuse Servs., Inc., Defendants-Cross-Claimants, Cross-Defendants. Robert C. Richards, Vicki L. Richards, Michael B. Hartsfield, Jr. v. United States of Am., Defendant-Cross-Defendant, Cross-Claimant, Counter-Claimant, Appellant-Cross-Appellee, Waste Control of Florida, Inc., Waste Mgmt., Inc., Defendants-Cross-Claimants, Cross-Defendants, Counter-Defendants, Refuse Servs., Inc., Defendant-Cross-Defendant, Counterdefendant. Robert S. Powell v. United States of Am., Defendant-Cross-Defendant, Cross-Claimant, Appellant-Cross-Appellee, Waste Control of Florida, Inc., Waste Mgmt., Inc., Refuse Servs., Inc., Defendants-Cross Cross-Defendants. Carroll Pittman, Carolyn J. Pittman, Michael K. Pittman v. United States of Am., Defendant-Cross-Defendant, Cross-Claimant, Appellant-Cross-Appellee, Waste Control of Florida, Inc., Waste Mgmt., Inc., Refuse Servs., Inc., Defendants-Cross-Claimants, Cross-Defendants. Donald Michael Rentz, Annette Rentz, Helen Goodwyne, Deceased v. United States of Am., Defendant-Cross-Defendant, Cross-Claimant, Appellant-Cross-Appellee, Waste Control of Florida, Inc., Waste Mgmt., Inc., Refuse Servs., Inc., Defendants-Cross-Claimants, Cross-Defendants. Tracy L. Patillo, Connie S. Patillo v. United States of Am.,, Defendant-Cross-Defendant, Cross-Claimant, Appellant-Cross-Appellee, Waste Control of Florida, Inc., Waste Mgmt., Inc., Refuse Servs., Inc., Defendants-Cross-Claimants, Cross-Defendants. Kenneth Bell, Sr., Deborah Bell, Robert Bell, Kenneth Bell, Jr., Jimmy Bell, Jerry Bell, Patricia J. Bell, Matthew Bell, Michelle Bell, Henry Bell, Dolly Bell, Deceased, James Richard Bell, Victoria Mae Bell, James R. Bell, Jr., Jamie Michelle Bell v. United States of Am., Defendant-Cross-Defendant, Cross-Claimant, Appellant-Cross-Appellee, Waste Control of Florida, Inc., Waste Mgmt., Inc., Refuse Servs., Inc., Defendants-Cross-Claimants, Cross-Defendants. Lawrence E. Kershaw v. United States of Am., Defendant-Cross-Defendant, Cross-Claimant, Appellant-Cross-Appellee, Waste Control of Florida, Inc., Waste Mgmt., Inc., Refuse Servs., Inc., Defendants-Cross-Claimants, Cross-Defendants. Ida Mae Kirk, Michael A. Kirk, Deceased, Edmonds Wallis Kirk v. United States of Am., Defendant-Cross-Defendant, Cross-Claimant, Counter-Claimant, Appellant-Cross-Appellee, Waste Control of Florida, Inc., Waste Mgmt., Inc., Refuse Servs., Inc., Defendants-Cross-Claimants, Cross-Defendants, Counter-Defendants. Donald E. Leonard, Jr., Virginia M. Leonard, Donald E. Leonard, Deceased, Wanda Leonard Harrison v. United States of Am., Defendant-Cross-Defendant, Cross-Claimant, Appellant-Cross-Appellee, Waste Control of Florida, Inc., Waste Mgmt., Inc., Refuse Servs., Inc., Defendants-Cross-Claimants, Cross-Defendants. James E. Johnson, Dorothy T. Johnson, Terrance C. Johnson, Jimmy E. Johnson, Jimmy E. Johnson, Jr., Eugene B. Johnson v. United States of Am., Defendant-Cross-Defendant, Cross-Claimant, Appellant-Cross-Appellee, Waste Control of Florida, Inc., Waste Mgmt., Inc., Refuse Servs., Inc., Defendants-Cross-Claimants, Cross-Defendants. Stanley C. Leverock, Sr., Linda S. Leverock, Violet Leverock, Stanley Leverock, Jr. v. United States of Am., Defendant-Cross-Defendant, Cross-Claimant, Appellant-Cross-Appellee, Waste Control of Florida, Inc., Waste Mgmt., Inc., Refuse Servs., Inc., Defendants-Cross-Claimants, Cross-Defendants. Donald Ray Threadgill, Barbara A. Threadgill, Ronnie Wayne Threadgill v. United States of Am., Defendant-Cross-Defendant, Cross-Claimant, Appellant-Cross-Appellee, Waste Control of Florida, Inc., Waste Mgmt., Inc., Refuse Servs., Inc., Defendants-Cross-Claimants, Cross-Defendants. Clifton A. Todd, Jeanette A. Todd, Troy A. Todd v. United States of Am., Defendant-Cross-Defendant, Cross-Claimant, Counter-Claimant, Appellant-Cross-Appellee, Waste Control of Florida, Inc., Waste Mgmt., Inc., Refuse Servs., Inc., Defendants-Cross-Claimants, Cross-Defendants, Counter-Defendants. Neal Thomsen, Jewell Thomsen v. United States of Am., Defendant-Cross-Defendant, Cross-Claimant, Appellant-Cross-Appellee, Waste Control of Florida, Inc., Waste Mgmt., Inc., Refuse Servs., Inc., Defendants-Cross-Claimants, Cross-Defendants. Albert Ike Nolan, Jeanne Nolan, Carol Lynn Nolan, Adrienne Patience Nolan v. United States of Am., Defendant-Cross-Defendant, Cross-Claimant, Appellant-Cross-Appellee, Waste Control of Florida, Inc., Waste Mgmt., Inc., Refuse Servs., Inc., Defendants-Cross-Claimants, Cross-Defendants. Robert D. Staley v. United States of Am., Defendant-Cross-Defendant, Cross-Claimant, Appellant-Cross-Appellee, Waste Control of Florida, Inc., Waste Mgmt., Inc., Refuse Servs., Inc., Defendants-Cross-Claimants, Cross-Defendants. Claude Daniel Oglesby, Margaret Oglesby v. United States of Am., Defendant-Cross-Defendant,cross-Claimant, Appellant-Cross-Appellee, Waste Control of Florida, Inc., Waste Mgmt., Inc., Refuse Servs., Inc., Defendants-Cross-Claimants, Cross-Defendants. Boy Elijah O'steen, Jr., Joan Marie O'steen, Boy Elijah O'steen, III v. United States of Am., Defendant-Cross-Defendant, Cross-Claimant, Appellant-Cross-Appellee, Waste Control of Florida, Inc., Waste Mgmt., Inc., Refuse Servs., Inc., Defendants-Cross-Claimants, Cross-Defendants. Joseph D. Strange, Shirley A. Strange, Joseph D. Strange, Jr., Laura A. Strange v. United States of Am., Defendant-Cross-Defendant, Cross-Claimant, Appellant-Cross-Appellee, Waste Control of Florida, Inc., Waste Mgmt., Inc., Refuse Servs., Inc., Defendants-Cross-Claimants, Cross-Defendants. Janie L. Hansley, Janie P. Hansley v. United States of Am., Defendant-Cross-Defendant, Cross-Claimant,counter-Claimant, Appellant-Cross-Appellee, Waste Control of Florida, Inc., Waste Mgmt., Inc., Refuse Servs., Inc., Defendants-Cross-Claimants, Cross-Defendants, Counter-Defendants. Neil Hansen, Gretchen Hansen, Travis Earl Thornton, Jr. v. United States of Am., Defendant-Cross-Defendant, Cross-Claimant, Appellant-Cross-Appellee, Waste Control of Florida, Inc., Waste Mgmt., Inc., Refuse Servs., Inc., Defendants-Cross-Claimants, Cross-Defendants. Henry Vorpe, Jr., Judy Vorpe, Christi D. Vorpe v. United States of Am., Defendant-Cross-Defendant, Cross-Claimant, Appellant-Cross-Appellee, Waste Control of Florida, Inc., Waste Mgmt., Inc., Refuse Servs., Inc., Defendants-Cross-Claimants, Cross-Defendants. Vivian E. Gore, Wiley H. Gore v. United States of Am., Defendant-Cross-Defendant, Cross-Claimant, Appellant-Cross-Appellee, Waste Control of Florida, Inc., Waste Mgmt., Inc., Refuse Servs., Inc., Defendants-Cross-Claimants, Cross-Defendants. Doris F. Walker, Gary W. Walker v. United States of Am., Defendant-Cross-Defendant, Cross-Claimant, Appellant-Cross-Appellee, Waste Control of Florida, Inc., Waste Mgmt., Inc., Refuse Servs., Inc., Defendants-Cross-Claimants, Cross-Defendants. Eddie Williams, Lila M. Williams, Penny Williams Newmans, Christine Michelle Williams, Rebecca Lynn Williams, Eddie Michael Williams, Eddie Michael Williams, Jr. v. United States of Am., Defendant-Cross-Defendant, Cross-Claimant, Appellant-Cross-Appellee, Waste Control of Florida, Inc., Waste Mgmt., Inc., Refuse Servs., Inc., Defendants-Cross-Claimants, Cross-Defendants. Alice M. Anderson, Stephen E. Anderson, Terrence L. Anderson v. United States of Am., Defendant-Cross-Defendant, Cross-Claimant, Appellant-Cross-Appellee, Waste Control of Florida, Inc., Waste Mgmt., Inc., Refuse Servs., Inc., Defendants-Cross-Claimants, Cross-Defendants. Lewis D. Bowen, Sarah Christine Flink Bowen v. United States of Am., Defendant-Cross-Defendant, Cross-Claimant, Appellant-Cross-Appellee, Waste Control of Florida, Inc., Waste Mgmt., Inc., Refuse Servs., Inc., Defendants-Cross-Claimants, Cross-Defendants. John P. Buettgen, Janice Beuttgen, Dawn Buettgen, Jody Buettgen, Kenneth Buettgen v. United States of Am., Defendant-Cross-Defendant, Cross-Claimant, Appellant-Cross-Appellee, Waste Control of Florida, Inc., Waste Mgmt., Inc., Refuse Servs., Inc., Defendants-Cross-Claimants, Cross-Defendants. Stephen Brannen, Misty Vell Brannen, Stephanie Jo Brannen, Sherrie Faye Brannen, Melissa Brannen McDaniel v. United States of Am., Defendant-Cross-Claimant, Appellant-Cross-Appellee, Waste Control of Florida, Inc., Waste Mgmt., Inc., Refuse Servs., Inc., Defendants-Cross-Defendants. John M. Flores, Florence Flores, Patricia Jo Bell, as Pers. Rep. for the Est. of Florence Flores, Deceased v. United States of Am., Defendant-Cross-Defendant, Cross-Claimant, Appellant-Cross-Appellee, Waste Control of Florida, Inc., Waste Mgmt., Inc., Refuse Servs., Inc., Defendants-Cross-Claimants, Cross-Defendants. Albert G. Belz, Betty Belz, John Clarence Belz, Frederick G. Belz, I, Frederick G. Belz, Ii, Suzanne E. Belz, Robert J. Belz, William B. Belz, Frederick G. Belz, Iii, Mary M. Belz, Joshua Belz v. United States of Am., Defendant-Cross-Defendant, Cross-Claimant, Appellant-Cross-Appellee, Waste Control of Florida, Inc., Waste Mgmt., Inc., Refuse Servs., Inc., Defendants-Cross-Claimants, Cross-Defendants. Wayne K. Hazen, Patricia Christopher v. United States of Am., Defendant-Cross-Defendant,cross-Claimant, Appellant-Cross-Appellee, Waste Control of Florida, Inc., Waste Mgmt., Inc., Refuse Servs., Inc., Defendants-Cross-Claimants-Cross-Defendants, 122 F.3d 1367 (11th Cir. 1997).publishedSee, e.g., Environmental Defense Fund, Inc. v. Reilly, 1 F.3d 1254, 1258 (D.C.Cir.1993); Fair Housing Council v. Landow, 999 F.2d 92 , 96-97 (4th Cir.1993); Brown v. Stackler, 612 F.2d 1057, 1059 (7th Cir.1980); see also Loranger v. Stierh…
- Coop. Fin. Ass'n v. Garst, 927 F. Supp. 1179 (N.D. Iowa 1996).publishedBrown, 152 F.R.D. at 175 (quoting Kendrick, 944 F.2d at 958 , in turn quoting Brown v. Stackler, 612 F.2d 1057, 1059 (7th Cir.1980), and citing cases in accord).
- Harthman v. Texaco Inc., 166 F.R.D. 331 (D.V.I. 1996).publishedLewis v. Kendrick, 944 F.2d 949, 958 (1st Cir. 1991) (suggesting that inflated and/or inadequate fee applications place intolerable burdens on the court thereby providing sufficient grounds for denying application); Thelen Oil Co., Inc. v.…
- Matter of Pierce, 165 B.R. 252 (Bankr. N.D. Ind. 1994).published Thus, the court’s discretion encompasses not only whether .a fee will be awarded but also “the quantum of the fee to be awarded.” Brown, 612 F.2d at 1059 (award of fees pursuant to 42 U.S.C. § 1988 ) (emphasis in original).
- Brown v. Iowa, 152 F.R.D. 168 (S.D. Iowa 1993).publishedKendrick, 944 F.2d at 958 (quoting Brown v. Stackler, 612 F.2d 1057, 1059 (7th Cir.1980)).
- Env't Def. Fund, Inc. v. Reilly, 1 F.3d 1254 (D.C. Cir. 1993).published “unreasonable demands, knowing that the only unfavorable consequence of such misconduct would be reduction of their fee to what they should have asked for in the first place”
- Foxley Cattle Co. v. Grain Dealers Mut. Ins., 142 F.R.D. 677 (S.D. Iowa 1992).publishedKendrick, 944 F.2d at 958 (quoting Brown v. Stackler, 612 F.2d 1057, 1059 (7th Cir. 1980)).
- Fed. Sec. L. Rep. P 98,400 Elmer E. Mills & Louis Susman v. Eltra Corp., a New York Corp., the Elec. Auto-Lite Co., & Am. Mfg. Co., Inc., Appeal of Mozart G. Ratner, Attorney. Elmer E. Mills & Louis Susman v. Eltra Corp., a New York Corp., 663 F.2d 760 (7th Cir. 1981).published
- Fred VOCCA v. PLAYBOY HOTEL OF CHICAGO, INC., 686 F.2d 605 (7th Cir. 1982).published
- Tabcor Sales Clearing, Inc. v. United States, 723 F.2d 26 (7th Cir. 1983).published
- Stickney Corp. v. Chicago Milwaukee Corp. (In re Chicago, Milwaukee, St. Paul & Pac. R.R.), 840 F.2d 1308 (7th Cir. 1988).published
- United States Court of Appeals, First Circuit, 944 F.2d 949 (1st Cir. 1991).unpublished
- Thelen Oil Co. v. Fina Oil & Chem. Co., 962 F.2d 821 (8th Cir. 1992).published
- Vocca v. Playboy Hotel of Chicago, Inc., 519 F. Supp. 900 (N.D. Ill. 1981).published
- Preston v. Thompson, 565 F. Supp. 310 (N.D. Ill. 1983).published
- Rapisardi v. Democratic Party of Cook Cnty., 583 F. Supp. 539 (N.D. Ill. 1984).published
- Bennett v. Cent. Tel. Co. of Illinois, 619 F. Supp. 640 (N.D. Ill. 1985).published
- Forkes v. Busse, 510 F. Supp. 122 (E.D. Wis. 1981).published
- Rybicki v. State Bd. of Elections of State of Ill., 584 F. Supp. 849 (N.D. Ill. 1984).published
- T & D Video, Inc. v. City of Revere, 848 N.E.2d 1221 (Mass. App. Ct. 2006).published
- Jordan v. United States Dep't of Just., 89 F.R.D. 537 (D.D.C. 1981).published
- Mills v. Eltra Corp., 663 F.2d 760 (7th Cir. 1981).published
- Lewis v. Kendrick, 944 F.2d 949 (1st Cir. 1991).published
- Keener v. Dep't of Army, 136 F.R.D. 140 (M.D. Tenn. 1991).published
- Zabkowicz v. West Bend Co., 789 F.2d 540 (7th Cir. 1986).published
- FMC Corp., Cross-Appellant v. Victoria Varonos, Cross-Appellee v. Cont'l Illinois Nat'l Bank, Garnishee-Appellee, 892 F.2d 1308 (7th Cir. 1990).published
At page 1057 “raised an issue which everyone knew would be controlled by the results of litigation pending in other courts.”3 citing cases
- Zabkowicz v. West Bend Co., 789 F.2d 540 (7th Cir. 1986).published
- FMC Corp., Cross-Appellant v. Victoria Varonos, Cross-Appellee v. Cont'l Illinois Nat'l Bank, Garnishee-Appellee, 892 F.2d 1308 (7th Cir. 1990).published
At page 1058 cited at this page2 citing cases
- Joan Peter Sarah Peter v. Christine Jax, 187 F.3d 829 (8th Cir. 1999).publishedIn Brown v. Stackler, 612 F.2d 1057, 1058 (7th Cir. 1980), the "complaint raised an issue which everyone knew would be controlled" by a pending Supreme Court case.
- Joan Peter v. Christine Jax, 187 F.3d 829 (8th Cir. 1999).publishedIn Brown v. Stackler, 612 F.2d 1057, 1058 (7th Cir.1980), the “complaint raised an issue which everyone knew would be controlled” by a pending Supreme Court case.
v.
Ronald E. STACKLER, Superintendent, Department of Registration and Education, Bernard Carey, State's Attorney, and William J. Scott, Attorney General
The Court, having read the briefs, considered the record, and heard oral arguments on behalf of the parties, concludes that the judgment of the District Court should be affirmed.
The only issue relates to counsel fees. The law is plain. In Alyeska Pipeline Co. v. Wilderness Society, 421 U.S. 240, 247, 95 S.Ct. 1612, 44 L.Ed.2d 141 (1975), the Supreme Court reaffirmed the “American Rule” that counsel fees are ordinarily allowed only pursuant to statute. Congress in response, by the act of October 19, 1976, 90 Stat. 2641, amended 42 U.S.C. 1988 to provide that in a civil rights case “the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney’s fee as part of the costs.” (Emphasis supplied).
As the District Court noted, most of appellant’s court work consisted of motions for extension of time. The six-page complaint raised an issue which everyone knew would be controlled by the results of litigation pending in other courts.
Appellant simply awaited the outcome of Va. Pharmacy Board v. Consumer Council, 425 U.S. 748, 762, 96 S.Ct. 1817, 48 L.Ed.2d 346 (1976), which led to a favorable disposition of appellant’s case involving price advertising of eyeglasses.
Plaintiff’s complaint under 42 U.S.C. 1983 sought to enjoin enforcement on the ground of unconstitutionality of Illinois statutes prohibiting the advertisement of the prices charged for dispensing prescription eyeglasses.[1] Named as defendants were[*1059] the Superintendent of the Illinois Department of Registration, the Attorney General of Illinois, and the State’s Attorney of Cook County.
The only relief sought was to enjoin enforcement of the Illinois statute. As a practical matter, there was little danger of adverse action by defendants during the pendency of the litigation in the Supreme Court which finally resulted in an outcome favorable to plaintiffs’ position. In fact the District Court denied plaintiffs’ motion for a restraining order because of lack of emergency. That court held defendants’ motion to dismiss under advisement until the Supreme Court’s decision in the Virginia case, and then entered judgment for plaintiffs, holding the prohibition of price information unconstitutional.
Under the 1976 amendment authorizing award of attorney’s fees in this type of case, the courts ordinarily approve a suitable fee as a matter of course. Under ordinary circumstances an appropriate fee would be awarded routinely. As a matter of fact, in the case at bar, under the District Court’s order of April 4, 1977, enjoining enforcement of the statute, leave was given to file a petition for attorney’s fees.
It was then that appellants’ counsel submitted a claim which was so intolerably inflated that the District Court was warranted in departing from the usual practice and reacting vigorously to prevent such abuse of the court’s authority to award reasonable compensation to counsel.
Appellants’ counsel claimed over 800 hours of billable time. Manifestly it was utterly unreasonable to expend that amount of time on a plain and simple case, which would almost automatically be disposed of by the decision in the Virginia case whose determination was being awaited.
Appellants’ counsel admits that much of whatever research was done was done by law students helping him on a volunteer basis. Little legal skill was involved, since the Virginia ease was controlling and its pendency was known. The District Court, finding appellants’ claim outrageously excessive, denied fees entirely. Such denial is an entirely appropriate, and hopefully effective, means of encouraging counsel to maintain adequate records and submit reasonable, carefully calculated, and conscientiously measured claims when seeking statutory counsel fees.
As previously noted, the applicable statute provides that the court in its discretion may allow counsel fees. As Chief Justice Thomas McKean of Pennsylvania once remarked on a memorable occasion “may” sometimes means “won’t.” See Lynchburg Foundry v. Patternmakers L. of N. Am., 597 F.2d 384, 387-88 (C.A.4, 1979). The present extraordinarily aggravated situation is an appropriate occasion for giving the word that unusual meaning.
The statute here involved entrusts to the District Court discretion to determine the quantum of the fee to be awarded. Small as well as large fees are permissible. The court’s discretion to determine the amount may in an appropriate case approach zero as a limit. Where, as here, the claim is obviously inflated to an intolerable degree, the remedy is plain, and the District Court properly pursued it.
If, as appellant argues, the Court were required to award a reasonable fee when an outrageously unreasonable one has been asked for, claimants would be encouraged to make unreasonable demands, knowing that the only unfavorable consequence of such misconduct would be reduction of their fee to what they should have asked for in the first place. To discourage such greed a severer reaction is needful, and the District Court responded appropriately in the case at bar.
Accordingly, the Clerk of this Court is directed to enter judgment of affirmance.
Such statutes had been upheld in Williamson v. Lee Optical Co., 348 U.S. 483, 489-90, 75 S.Ct. 461, 99 L.Ed. 563 (1955); and Head v. New Mexico Board of Examiners, 374 U.S. 424, 428, 83 S.Ct. 1759, 10 L.Ed.2d 983 (1963). The First Amendment had not been invoked in those cases.