Hall v. Cole

Supreme Court of the United States

412 U.S. 1

Hall et al.  v.  Cole

Certiorari to the United States Court of Appeals for the Second Circuit

No. 72-630.  Argued: March 21, 1973 --- Decided: May 21, 1973

Respondent, expelled from his union for deliberate and malicious vilification of union management following his resolutions unsuccessfully condemning that management's alleged undemocratic actions and shortsighted policies, regained his union membership in a suit under § 102 of the Labor-Management Reporting and Disclosure Act (LMRDA) and was awarded $5,500 in legal fees. The Court of Appeals affirmed.


Held:

1. Respondent's suit under § 102 of the LMRDA vindicated not only his own rights of free speech guaranteed by the statute but furthered the interests of the union and its members as well. As a result, the award to respondent of attorneys' fees under these circumstances comported with the trial court's inherent equitable power of making such an award whenever "overriding considerations indicate the need for such a recovery." Mills v. Electric Auto-Lite Co., 396 U.S. 375, 391-392. Pp. 4-9.
2. The allowance of counsel fees to the successful plaintiff in a suit brought under § 102 is not precluded by that statutory provision and, indeed, is supported by the legislative history of the LMRDA. Pp. 9-14.
3. Under all the facts of the case, the District Court did not abuse its discretion in awarding counsel fees to respondent. Pp. 14-15.


462 F.2d 777, affirmed.


BRENNAN, J., delivered the opinion of the Court, in which BURGER, C.J., and DOUGLAS, STEWART, BLACKMUN, and POWELL, JJ., joined. WHITE, J., filed a dissenting opinion, in which REHNQUIST, J., joined, post, p. 16. MARSHALL, J., took no part in the consideration or decision of the case.


Howard Schulman argued the cause and filed a brief for petitioners.

Burton H. Hall argued the cause and filed a brief for respondent.[1]

  1. ↑ J. Albert Woll, Laurence Gold, and Thomas E. Harris filed a brief for the American Federation of Labor and Congress of Industrial Organizations as amicus curiae urging reversal.

    Melvin L. Wulf and Sanford J. Rosen filed a brief for the American Civil Liberties Union as amicus curiae urging affirmance.

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