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Hall v. Cole, 412 U.S. 1 (1973)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Hall v. Cole, 412 U.S. 1 (1973)
Hall v. Cole No. 72-630 Argued March 21, 1973 Decided May 21, 1973 412 U.S. 1
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE SECOND CIRCUIT
Syllabus
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.
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Chicago: U.S. Supreme Court, "Syllabus," Hall v. Cole, 412 U.S. 1 (1973) in 412 U.S. 1 412 U.S. 2. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=VHGNJYQH473U7XC.
MLA: U.S. Supreme Court. "Syllabus." Hall v. Cole, 412 U.S. 1 (1973), in 412 U.S. 1, page 412 U.S. 2. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=VHGNJYQH473U7XC.
Harvard: U.S. Supreme Court, 'Syllabus' in Hall v. Cole, 412 U.S. 1 (1973). cited in 1973, 412 U.S. 1, pp.412 U.S. 2. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=VHGNJYQH473U7XC.
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