Rosezella Cook v. Ochsner Found. Hosp., Methodist Hosp. & East Jefferson Gen. Hosp., 559 F.2d 270 (5th Cir. 1977). · Go Syfert
Rosezella Cook v. Ochsner Found. Hosp., Methodist Hosp. & East Jefferson Gen. Hosp., 559 F.2d 270 (5th Cir. 1977). Cases Citing This Book View Copy Cite
121 citation events (63 in the last 25 years) across 35 distinct courts.
Treatment trajectory · 1978 → 2026 · click a year to view as-of
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Cited for
At page 272 Courts' inherent authority to award fees in civil contempt52 citing cases“the cost of bringing the violation to the attention of the court is part of the damages suffered by the prevailing party . . . .”5 citing courts quote it · 47 listed here
  • Howard Allen Hood, No. 16-14509 (Bankr. N.D. Miss. Nov. 12, 2025). 2 cites
    Hosp., 559 F.2d 270, 272 (5th Cir. 1977) Page 17 of 25 (“[T]he cost of bringing the violation to the attention of the court is part of the damages suffered by the prevailing party . . . .”).
  • William Cary Hood, No. 16-14506 (Bankr. N.D. Miss. Nov. 12, 2025). 2 cites
    Hosp., 559 F.2d 270, 272 (5th Cir. 1977) Page 17 of 25 (“[T]he cost of bringing the violation to the attention of the court is part of the damages suffered by the prevailing party . . . .”).
  • Kenneth Brown Hood, No. 16-14511 (Bankr. N.D. Miss. Nov. 7, 2025). 2 cites
    Hosp., 559 F.2d 270, 272 (5th Cir. 1977) Page 17 of 25 (“[T]he cost of bringing the violation to the attention of the court is part of the damages suffered by the prevailing party . . . .”).
  • Cahill v. Nike, Inc., 131 F.4th 933 (9th Cir. 2025).published
    Hosp., 559 F.2d 270, 272 (5th Cir. 1977)), the authority “to manage [its] dockets and courtrooms with a view toward the efficient and expedient resolution of cases,” Dietz, 579 U.S. at 47 , and the authority “to correct that which has been…
  • Charitable DAF Fund v. Highland Captl Mgmt, 98 F.4th 170 (5th Cir. 2024).published
    Hosp., 559 F.2d 270, 272 (5th Cir. 1977)).
  • Gibson, Inc. v. Armadillo Distrib. Enter., Inc., No. 4:19-cv-00358 (E.D. Tex. May 23, 2023).
    Hosp., 559 F.2d 270, 272 (5th Cir. 1977).
  • Gibson, Inc. v. Armadillo Distrib. Enter., Inc., No. 4:19-cv-00358 (E.D. Tex. Mar. 3, 2023). 2 cites
    Hosp., 559 F.2d 270, 272 (5th Cir. 1977); Smack Apparel Co., 574 F. Supp. 2d at 604 (citing Cook, 559 F.2d at 272 ).
  • Gonzalez v. Cmty. Loan Servicing, LLC, No. 7:21-cv-00132 (S.D. Tex. Jan. 18, 2022).
    Hosp., 559 F.2d 270, 272 (5th Cir. 1977)). 38 Goodyear Tire & Rubber Co. v. Haeger, 137 S. Ct. 1178, 1186 (2017). 39 Id. at 1187 (quoting Fox v. Vice, 563 U.S. 826, 836 (2011)). 40 See Dkt.
  • Jackson v. Duncan, No. 2:08-cv-04292 (E.D. La. June 23, 2021).
    Cook v. Ochsner Foundation Hospital, 559 F.2d 270, 272 (5th Cir.1977). 6 In this case, Steel's sole argument against a contempt finding 1s that it is properly assessed against Jackson's attorney, which he never was, and may only be imposed…
  • Olsen v. J.W. Didado Elec., LLC, No. 1:18-cv-00292 (W.D. Pa. Mar. 29, 2021).
    Hosp., 559 F.2d 270, 272 (5th Cir.1977).
Show 37 more citing cases
  • Sandoz Inc. v. United Therapeutics Corp., No. 3:19-cv-10170-BRM-LHG (D.N.J. June 30, 2020).unpublished
    Hosp., 559 F.2d 270, 272 (5th Cir. 1977)).
  • Auto Parts Mfg. Mississippi Inc. v. King Constr. of Houston, LLC, 258 F. Supp. 3d 740 (N.D. Miss. 2017).published 2 cites
    Hosp., 559 F.2d 270, 272 (5th Cir. 1977)); see also Á.S.
  • Goldman v. Bankton Fin. Corp. (In Re Skyport Global Commc'ns, Inc.), 661 F. App'x 835 (5th Cir. 2016).unpublished
    (observing that courts may “order[] the award of attorneys’ fees for compensatory purposes” where a party “necessarily expended [fees] in bringing an action to enforce” the injunction)
  • Lawn Doctor Inc v. Joseph Rizzo, 646 F. App'x 195 (3d Cir. 2016).unpublished
    Hosp., 559 F.2d 270, 272 (5th Cir.1977)); accord In re Gen.
  • Little Tchefuncte River Ass'n v. Artesian Util. Co., 155 F. Supp. 3d 637 (E.D. La. 2015).published
    Cook v. Ochsner Foundation Hosp., 559 F.2d 270, 272 (5th Cir.1977). .
  • Cardionet, LLC v. Mednet Healthcare Tech., Inc., 146 F. Supp. 3d 671 (E.D. Pa. 2015).published
    Hosp., 559 F.2d 270, 272 (5th Cir.1977)).
  • Critten v. Quantum3 Grp., LLC (In re Critten), 528 B.R. 835 (Bankr. M.D. Ala. 2015).published
    Georgia Power Co. v. NLRB, 484 F.3d 1288, 1291 (11th Cir. 2007); McGregor v. Chierico, 206 F.3d 1378, 1383 (11th Cir.2000); Cook v. Ochsner Foundation Hospital, 559 F.2d 270, 272 (5th Cir.1977).
  • Hornbeck Offshore Servs., L.L.C. v. Salazar, 701 F.3d 810 (5th Cir. 2012).published 2 cites
    Hosp., 559 F.2d 270, 272 (5th Cir. 1977) (citing United States v. United Mine Workers, 330 U.S. 258 , 303-304 3 On appeal, this Court reviews a district court’s finding of contempt for abuse of discretion.
  • Chisom v. Jindal, 890 F. Supp. 2d 696 (E.D. La. 2012).published
    Hosp., 559 F.2d 270, 272 (5th Cir. 1977)).
  • In re Linerboard Antitrust Litig., 361 F. App'x 392 (3d Cir. 2010).unpublished 2 cites
    Hosp., 559 F.2d 270, 272 (5th Cir.1977)).
  • TiVo Inc. v. Dish Network Corp., 655 F. Supp. 2d 661 (E.D. Tex. 2009).published
    Hosp., 559 F.2d 270, 272 (5th Cir.1977)).
  • Bd. of Supervisors of the Louisiana State Univ. v. Smack Apparel Co., 574 F. Supp. 2d 601 (E.D. La. 2008).published
    (It matters not whether the disobedience is willful, the cost of bringing the violation to the attention of the court is part of the damages suffered by the prevailing party ...)
  • Goldman v. Hartford Life & Accident Ins. Co., 417 F. Supp. 2d 788 (E.D. La. 2006).published
    Hosp., 559 F.2d 270, 272 (5th Cir.1977)).
  • Gervin v. Cadles of Grassy Meadows II, L.L.C. (In Re Gervin), 337 B.R. 854 (Bankr. W.D. Tex. 2005).published
    Hosp., 559 F.2d 270, 272 (5th Cir.1977) (internal citations omitted). 36 .
  • Rousseau v. 3 Eagles Aviation, Inc., 130 F. App'x 687 (5th Cir. 2005).unpublished 2 cites
    (stating that attorney's fees are appropriate to sanction noncompliance with an order)
  • Roman v. Korson, 307 F. Supp. 2d 908 (W.D. Mich. 2004).published
    Hosp., 559 F.2d 270, 272 (5th Cir.1977).
  • United States v. City of Jackson, Mississippi, 318 F. Supp. 2d 395 (S.D. Miss. 2002).published 2 cites
    It can serve as a coercive “sanction to enforce compliance with an order of the court or to compensate for losses or damages sustained by reason of noncompliance.” Cook v. Ochsner Foundation Hospital, 559 F.2d 270, 272 (5th Cir.1977).
  • Reed v. Reed, 10 S.W.3d 173 (Mo. Ct. App. 1999).published
    “The theory for allowing attorneys’ fees for civil contempt is that civil contempt is a sanction to enforce compliance with an order of the court or to compensate for losses or damages sustained by reason of noncompliance.” Marriage of Mor…
  • Am. Airlines, Inc. v. Allied Pilots Ass'n, 53 F. Supp. 2d 909 (N.D. Tex. 1999).published
    The Court concludes that the Con-temnors are not entitled to mitigate the damage they have inflicted on American by arguing that they intended to comply with the TRO because “the mental state of the violator should not determine the level…
  • Potomac Residence Club v. W. World Ins., 711 A.2d 1228 (D.C. 1998).published 2 cites
    Hosp., 559 F.2d 270, 272 (5th Cir.1977); TWM Mfg.
  • Dystar Corp. v. Canto, 1 F. Supp. 2d 48 (D. Mass. 1997).published
    The issue of whether the contem-nor’s conduct must have been wilful in order for the complainant to recover attorney’s fees is one of first impression in the First Circuit. 9 With the exception of the Second Circuit, 10 the majority of cir…
  • In re Indep. Serv. Organizations Antitrust Litig., 955 F. Supp. 1317 (D. Kan. 1997).published
    ([T]he cost of bringing the violation to the attention of the court is part of the damages suffered by the prevailing party and those costs would reduce any benefits gained by the prevailing party from the court’s viola…)
  • United States v. Dinwiddie, 885 F. Supp. 1299 (W.D. Mo. 1995).published
    Sizzlin Steak House, 793 F.2d 1529 , 1535 (11th Cir.1986) (noting that trial court has discretion to decide whether an award of attorney fees is appropriate and stating that "willfulness is [not] necessarily a prerequisite to a fee award,…
  • Link v. Dist. of Columbia, 650 A.2d 929 (D.C. 1994).published
    Hosp., 559 F.2d 270, 272 (5th Cir.1977). “[A] party compelled to resort to a civil contempt proceeding to preserve and enforce an adjudicated right is entitled to a decree by way of a fine for injuries actually sustained by [her] because o…
  • Robin Woods Inc. v. Woods, 28 F.3d 396 (3d Cir. 1994).published
    Hosp., 559 F.2d 270, 272 (5th Cir.1977): It matters not whether the disobedience is willful[;] the cost of bringing the violation to the attention of the court is part of the damages suffered by the prevailing party and those costs would r…
  • Robin Woods Inc. v. Woods, 28 F.3d 396 (3d Cir. 1994).
    Hosp., 559 F.2d 270, 272 (5th Cir.1977): It matters not whether the disobedience is willful[;] the cost of bringing the violation to the attention of the court is part of the damages suffered by the prevailing party and those costs would r…
  • Gucci Am., Inc. v. Michael Fox Auctioneers, Inc. (In re Galleria Enter. of Maryland), 102 B.R. 472 (D. Md. 1989).published
    “Because damages assessed in civil contempt cases are oftentimes compensatory (instead of coercive) the mental state of the violator should not determine the level of compensation due.” Cook v. Ochsner Foundation Hospital, 559 F.2d 270, 27…
  • Liberis v. Craig, 845 F.2d 326 (6th Cir. 1988).unpublished 2 cites
    In support of their argument, plaintiffs cite to the decision of the Court of Appeals for the Fifth Circuit in Cook v. Ochsner Foundation Hospital, 559 F.2d 270, 272 (5th Cir.1977): 39 The theory for allowing attorneys' fees for civil cont…
  • Matter of Trinity Indus., Inc., 674 F. Supp. 337 (M.D. Fla. 1987).published 3 cites
    (describing nature of compensatory civil contempt)
  • Motley v. Yeldell, 664 F. Supp. 557 (D.D.C. 1987).published
    Id. at 272, 273 .
  • In Re Crabtree, 60 B.R. 147 (Bankr. E.D. Tenn. 1986).published
    (willfulness of contempt irrelevant insofar as cost of prosecuting violation of court order and disallowance of those costs would reduce any benefit to successful movant)
  • Raymond J. Donovan, Sec'y of Labor, United States Dep't of Labor v. Burlington N., Inc., 781 F.2d 680 (9th Cir. 1986).published
    “It matters not whether the disobedience is willful[;] the cost of bringing the violation to the attention of the court is part of the damages suffered by the prevailing party and those costs would reduce any benefits gained by the prevail…
  • Ranco Indus. Prods. Corp. v. Edward B. Dunlap, 776 F.2d 1135 (3d Cir. 1985).published
    Cf. Cook v. Ochsner Foundation Hospital, 559 F.2d 270, 272 (5th Cir.1977). 18 Dunlap voluntarily entered into the consent decree in 1966.
  • Ranco Indus. Prods. Corp. v. Dunlap, 776 F.2d 1135 (3d Cir. 1985).published
    Cf. Cook v. Ochsner Foundation Hospital, 559 F.2d 270, 272 (5th Cir.1977).
  • Perry v. O'Donnell, 759 F.2d 702 (9th Cir. 1985).published
    Hosp., 559 F.2d 270, 272 (5th Cir.1977).
  • Allied Materials Corp. v. Superior Prods. Co., Inc., 620 F.2d 224 (10th Cir. 1980).published
    Hosp., 559 F.2d 270, 272 (5th Cir. 1977).
  • United States v. Roux Labs., Inc., 456 F. Supp. 973 (M.D. Fla. 1978).published
    Shillitani v. United States, 384 U.S. at 368 , 86 S.Ct. at 1534 , 16 L.Ed.2d at 626 ; In re Stewart, 571 F.2d at 963 ; Cook v. Ochsner Foundation Hosp., 559 F.2d 270, 272 (5th Cir. 1977); United States v. Spectro Foods Corp., 544 F.2d at 1…
At page 271 cited at this page1 citing case
  • United States v. Alcoa, Inc., 533 F.3d 278 (5th Cir. 2008).published
    Id. 18 . 559 F.2d 270, 271 (5th Cir.1977). 19 . 845 F.2d 545, 546 (5th Cir. 1988). 20 .
Retrieving the full opinion text from the archive…
Rosezella COOK Et Al., Plaintiffs-Appellees,
v.
OCHSNER FOUNDATION HOSPITAL, Defendant, Methodist Hospital and East Jefferson General Hospital, Defendants-Appellants
75-3982.
Court of Appeals for the Fifth Circuit.
Sep 16, 1977.
Published opinion
559 F.2d 270
1977 U.S. App. LEXIS 11542
Charles E. McHale, Jr., New Orleans, La., for Methodist Hospital., Peter E. Duffy, Metairie, La., for East Jefferson General Hospital., Marilyn G. Rose, Center for Law & Social Policy, Washington, D. C., for defendant.
Goldberg, Fay, Dumbauld.
Cited by 75 opinions  |  Published
FAY, Circuit Judge:

This is an appeal by Methodist Hospital and East Jefferson General Hospital from an order and judgment awarding attorneys’ fees to plaintiffs as part of the compensatory damages in their action for civil contempt against the hospitals. [1] Appellants-hospitals contend that attorneys’ fees are not recoverable under Alyeska Pipeline Service Company v. Wilderness Society, 421 U.S. 240, 95 S.Ct. 1612, 44 L.Ed.2d 141 (1975), or in the alternative, if attorneys’ fees are recoverable, the case should be remanded back to the trial court for an evidentiary hearing and appropriate findings. We find that the trial judge properly awarded attorneys’ fees, however, we remand for an evidentiary hearing and for the trial judge to make specific findings as set forth below.

Plaintiffs originally instituted this action against numerous hospitals seeking declaratory judgment and injunctive relief to enforce provisions of the Hill-Burton Act [2] under which the hospitals made contractual commitments. The complaint also contained civil rights causes of action which were severed from the Hill-Burlon count for trial. The Hill-Burton count was set for trial, however, a consent agreement «ms reached by all parties on August 1, 1972 [3] and this count was settled.

In July, 1973, plaintiffs moved the District Court to find the seven hospitals and the Louisiana State Department of Hospitals in contempt for failure to meet the provisions of the August 1, 1972, Consent Decree. The motion was granted with respect to the two appellants before this court, East Jefferson and Methodist, and in March, 1975, the court issued its “Findings of Fact and Conclusions of Law” holding plaintiffs were entitled to damages and costs, including attorneys’ fees, compensating them for bringing appellants’ contempt to the court’s attention.

Appellants’ first assignment of error is based on Alyeska Pipeline Service Co. v. Wilderness Society, supra, and the Supreme Court’s holding that “ . . . a court may assess attorneys’ fees for the ‘willful disobedience of a court order ... as part of the fine to be levied on the defendant.’ ” Alyeska, 421 U.S. at 258, 95 S.Ct. at 1622. They submit the trial court found neither a ‘willful’ act by appellants which was an exception to the “American Rule” [4] nor violation of a statute which awards attorneys’ fees; therefore the fees were not properly awarded. We do not agree with application of the Alyeska decision to the case at bar.

[*272] In Alyeska, the plaintiff had sued the United States Secretary of the Interior to prevent him from issuing permits for the rights-of-way for the Alaska Pipeline alleging that the issuance would be in violation of § 28 of the Mineral Leasing Act of 1920, as amended, 30 U.S.C. § 185, and without compliance with the National Environmental Policy Act of 1969, 42 U.S.C. § 4321 et seq. After deciding the merits, the court of appeals awarded plaintiff attorneys’ fees for having performed the function of a private attorney general in enforcing the statutes. The statutes themselves did not provide for an award of attorneys’ fees. The Supreme Court reversed, reasoning that Congress had specified that attorneys’ fees should be allowed with respect to enforcement of some statutes (e. g., Clayton Act, § 4, 38 Stat. 731,15 U.S.C. § 15; Truth in Lending Act, 82 Stat. 157, 15 U.S.C. § 1640(a)) but had not spoken regarding others and that the courts should not be permitted, absent Congressional directive, •to substitute its opinion for that of Congress and award attorneys’ fees under statutes in which Congress had not so provided. Under the “private attorney general” rationale the courts would be able to pick and choose to enforce statutes considered important by awarding attorneys’ fees and allow the other statutes to remain unenforced due to the expense to possible plaintiffs.

The Alyeska decision is, of course, applicable to cases dealing with the Courts’ practice of using fee-shifting to augment acts of Congress where Congress has not authorized that means of enhancing the force of its statutory mandate. However, in this case, we are dealing not with a matter Congress has reserved for itself, that is, not with the provisions of a federal statute but with the courts’ enforcement of its own order.

Courts have, and must have, the inherent authority to enforce their judicial orders and decrees in cases of civil contempt. Discretion, including the discretion to award attorneys’ fees, must be left to a court in the enforcement of its decrees. The theory for allowing attorneys’ fees for civil contempt is that civil contempt is a sanction to enforce compliance with an order of the court or to compensate for losses or damages sustained by reason of noncompliance. United States v. United Mine Workers, 330 U.S. 258, 303-304, 57 S.Ct. 677, 91 L.Ed. 884 (1947).

In ordering the award of attorneys’ fees for compensatory purposes in this case, the court is merely seeking to insure that its original order is followed. Otherwise, the benefits afforded by that order might be diminished by the attorneys’ fees necessarily expended in bringing an action to enforce that order violated by the disobedient parties. That Alyeska lists among the judicially created exceptions to the “American Rule” the “willful disobedience of a court order” does not abrogate the existence of the inherent authority of a court to enforce its orders by whatever means, without abusing its discretion. It matters not whether the disobedience is willful, the cost of bringing the violation to the attention of the court is part of the damages suffered by the prevailing party and those costs would reduce any benefits gained by the prevailing party from the court’s violated order. Because damages assessed in civil contempt cases are oftentimes compensatory (instead of coercive) the mental state of the violator should not determine the level of compensation due.

In Norman Bridge Drug Co. v. Banner, 529 F.2d 822 (5th Cir. 1976), a Drug Enforcement Administration agent had seized controlled substances from the drug company and upon being ordered refused, on the advice of the United States Attorney, to return the substances. The court held him in contempt declining to find the DEA agent intended to violate the original order but ordering him to pay $500 to the drug company. Although the case did not expressly involve attorneys’ fees the court’s language was quite broad in stating that

“[cjompensatory civil contempt reimburses the injured party for the losses and expenses incurred because of his adversary’s noncompliance. This includes losses flowing from noncompliance and expenses reasonably and necessarily in[*273] curred in the attempt to enforce compliance. Norman Bridge Drug Co. v. Banner, 529 F.2d at 827. [5]

We, therefore, hold that Alyeska was not intended to take away the inherent authority of a court to award attorneys’ fees in a civil contempt proceeding. [6]

Because we are upholding the propriety of the attorneys’ fees award, the only question now remaining is whether the district court erred in not holding an evidentiary hearing on the amount of awarding attorneys’ fees under Johnson v. Georgia Highway Express, Inc., 488 F.2d 714 (5th Cir. 1974). We find that the trial court did err and remand for a hearing. The affidavits filed created conflicts which must be resolved and, in the absence of a stipulation that the trial court will rule based upon the affidavits, such a conflict requires a due process hearing. We also order the trial judge to make specific findings and conclusions and set forth the basis of his rulings. The elements for awarding attorneys’ fees have been set out by this circuit in Johnson, supra, and subsequent cases [7] and the trial judge’s findings should cover these same elements.

Remand with instructions.

1

. The original contempt application was against seven hospitals but the court found violations of the Consent Decree only by Methodist and East Jefferson.

2

. Hospital Survey and Construction Act of 1946, as amended, 42 U.S.C. § 291 et seq.

3

. The civil rights aspect of this case is still pending in the district court. There is also pending in this court a separate appeal entitled “Rosezella Cook, et al v. Ochsner Foundation Hospital and David Matthews as U.S. Secretary of Health, Education and Welfare et al" involving the validity of two provisions of the Hill-Burton free service regulation imposed on HEW by the Federal Hospital Council.

4

. The American Rule provides that a prevailing litigant in the United States is not entitled to collect attorneys’ fées from the loser unless he falls within one of the three exceptions listed in Alyeska.

5

. The court’s failure to cite Alyeska in Norman Bridge is obviously due to the fact that the appeal was based on the propriety of the contempt finding and not that attorneys’ fees might have been included as part of the award.

6

. The Civil Rights Attorneys’ Fees Act of 1976, P.L. 94-559, amending, 42 U.S.C. § 1988, might allow attorneys’ fees as suggested by appellants in cases where a civil rights action was involved but in this case this award is not so controlled because the terms of the Consent Decree clearly only deal with the Hill-Burton cause of action.

7

. E. g., Wolf v. Frank, 555 F.2d 1213 (5th Cir. 1977); Rainey v. Jackson State College, 551 F.2d 672 (5th Cir. 1977); Matter of First Colonial Corp. of America, 544 F.2d 1291 (5th Cir. 1977).