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Mildred and Caleb DAVIS, Plaintiffs-Appellees, v. Elijah FLETCHER, Jr., Defendant-Appellant

United States Court of Appeals for the Fifth Circuit1979-07-09No. No. 78-2895
598 F.2d 469

Summary

Holding. The court remanded the case for the district court to provide written explanations of the factors supporting the attorney's fees award in accordance with established legal standards, as the original brief order did not permit meaningful appellate review of the exercise of the court's discretion.

Two migrant farm workers obtained a judgment against a farm labor contractor for violations of federal labor and lending statutes and recovered $6,695.40 in damages. They subsequently sought attorney's fees of $7,595.00, supported by detailed affidavits documenting the time, effort, and expertise of their three attorneys. The district court granted the full amount requested in a brief order that mentioned familiarity with governing legal standards but provided no specific explanation of how those standards applied to the facts of the case.

The defendant appealed, arguing that the district court failed to articulate adequate reasons for the fee award. The appellate court acknowledged that trial courts have broad discretion in setting reasonable attorney's fees, but emphasized that meaningful appellate review requires the trial court to explain its reasoning by reference to relevant factors. The court noted that while the trial court need not mechanically address every applicable factor, it must demonstrate that its decision reflects a thoughtful assessment based on appropriate standards rather than a simple hours-times-rate calculation.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

  • Whether a district court must articulate reasons for an attorney's fees award to permit appellate review
  • Standards for determining reasonable attorney's fees in federal employment and labor cases
  • Sufficiency of a brief order granting fees without explanation of applicable factors

Procedural posture

The defendant appealed a district court order awarding attorney's fees to plaintiffs who prevailed in a federal labor law case.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

PER CURIAM:

This appeal challenges an award of attorney’s fees entered without a written evaluation by the court of the factors supporting the award. We remand for the limited purpose of permitting the district court to give reasons for allowing the amount awarded, expressed in compliance with our opinion in Johnson v. Georgia Highway Express, Inc., 488 F.2d 714 (5th Cir. 1974).

The plaintiffs, Mildred and Caleb Davis, two migrant farm workers, won a joint $6,695.40 non-jury judgment against Elijah Fletcher, Jr., a farm labor contractor, for violations of the Farm Labor Contractor Registration Act, the Fair Labor Standards Act, the Truth-In-Lending Act, and the Federal Insurance Contribution Act.

After trial the plaintiffs submitted a motion for an award of $7,595.00 in attorney’s fees, as amended, supported by affidavits meticulously setting forth the time, labor, and skills required of their three attorneys in achieving a favorable judgment. The motion requested an hourly rate of $50 for the total hours of work performed. In response the defendant requested the court to take into consideration the amount of the judgment and the fact that the attorneys are employed by the state legal services department. The district court granted the entire amount requested in a brief order stating:

I have considered the plaintiffs’ memoranda in support of its motion, its supplement thereto, defendants’ response to request for allowance of attorneys’ fees and am familiar with the principles applicable, particularly as articulated in Johnson v. Georgia Highway Express, Inc., [supra].

Upon consideration of all the requisite factors, I am of the opinion that Florida Rural Legal Services, Inc., as a result of the services of its attorneys in this case, is entitled to an attorneys fee from defendant in the sum of $7,595, which amount is fixed as being fair and reasonable.

The only issue asserted by Fletcher on appeal is that the district court failed to articulate properly its reasons for setting the amount of the award in accordance with the guidelines established in Johnson.

The determination of reasonable attorneys’ fees is left to the sound discretion of the trial court. Matter of First Colonial Corp. of America, 544 F.2d 1291 (5th Cir. 1977); Weeks v. Southern Bell Telephone and Telegraph Co., 467 F.2d 95 (5th Cir. 1972). Yet, unless that court articulates some reasons for its award, we have no basis on which to review the exercise of that discretion. Johnson suggested twelve factors which would reflect the considerations leading to a determination of a reasonable attorney’s fee award. Since that case this court has repeatedly* required an attorney’s fee award to be accompanied by an explanation of the factors contributing to the decision. See, e. g., Sweeney v. Vindale Corp., 574 F.2d 1296 (5th Cir. 1978); Equal Employment Opportunity Commission v. Eastex, Inc., 568 F.2d 403 (5th Cir. 1978); Premier Corp. v. Serrano, 565 F.2d 1353 (5th Cir. 1977); Cook v. Ochsner Foundation Hospital, 559 F.2d 270 (5th Cir. 1977); Matter of First Colonial Corp. of America, 544 F.2d 1291 (5th Cir. 1977); Miller v. Mackey International, Inc., 515 F.2d 241 (5th Cir. 1975); Mims v. Wilson, 514 F.2d 106 (5th Cir. 1975); Evans v. Seaman, 496 F.2d 1318 (5th Cir. 1974); Baxter v. Savannah Sugar Refining Corp., 495 F.2d 437 (5th Cir. 1974). What we require is not a meaningless exercise in parroting and an swering each of Johnson’s twelve criteria, but some assurance that the court has arrived at a just compensation based upon appropriate standards. Some cases may arise in which all of the twelve criteria are relevant in fixing fees. See, e. g., Norwood v. Harrison, 581 F.2d 518 (5th Cir. 1978). However, it will not always be necessary for a district court to address each of the twelve factors in explaining the considerations affecting its decision.

Plaintiff’s affidavits suggest that the attorneys may have computed their requested fees on a hours-times-dollars formula. The adoption of this approach, without more, does not satisfy the court’s responsibility. Miller v. Mackey International, Inc., 515 F.2d 241 (5th Cir. 1975); Weeks v. Southern Bell Telephone and Telegraph Co., 467 F.2d 95 (5th Cir. 1972). Yet the district court may have been influenced by many factors of which we are not aware. We do not say that the district court necessarily abused its discretion in this case. We say only that without any indication of the basis for this award we cannot properly evaluate the court’s decision.

REMANDED.