Gene Southerland v. International Longshoremen's and Warehousemen's Union, Local 8, Defendant

FACTS

Plaintiff and appellee Gene Southerland sued the defendant and appellant union under the Labor Management Reporting and Disclosure Act (LMRDA), 29 U.S.C. §§ 411 and 412. Plaintiff sought compensatory and punitive damages for lost wages, alleging that the union had violated his due process rights in suspending him for a disciplinary violation.

The district court found that the union had violated plaintiff’s due process rights, but held that plaintiff had failed to establish any compensable injury. The district court therefore granted a directed verdict and entered judgment for defendant. Plaintiff appealed. In an unpublished opinion, this court affirmed the determination that plaintiff was not entitled to damages, but remanded for the district court to determine whether plaintiff was nevertheless entitled to recover the attorneys’ fees he incurred by bringing this action under section 412, 762 F.2d 1019 .

On remand, plaintiff requested $22,311 in attorneys’ fees. The district court held that plaintiff was entitled to an award of fees, and set the award at $11,155.50. The union now appeals that award.

ISSUES

The union raises two principal issues on appeal:

1. Whether the…