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CA11: Lack of collegiality in FLSA case against law firm supported denial of fees to prevailing plaintiff

By John Wesley Hall, Jr.

Eleventh Circuit denies attorneys fees to a prevailing party in a civil case for "lack of collegiality." The case was a Fair Labor Standards Act case against a law firm, and the appeal was deciding the trial court's denial of attorney's fees to the prevailing plaintiff. Sahyers v. Prugh, Holliday & Karatinos, P.L., 560 F.3d 1241, 1245-46 (11th Cir. 2009). A cautionary tale: A federal court may wield its inherent powers over the lawyers who practice before it. This control derives from a lawyer's role as an officer of the court. Theard v. United States, 354 U.S. 278, 77 S. Ct. 1274, 1276, 1 L. Ed. 2d 1342 (1957). It encompasses, among other things, the authority to police lawyer conduct and to guard and to promote civility and collegiality among the members of its bar...continue to full post

Full post as published by Law Of Criminal Defense on June 24, 2009 (boomark / email).