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Boeing Co. Vs. Van Gemert
Cites for this judgment
- US Supreme Court
- Feb 19, 1980
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Boeing Co. v. VanSearch
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Gemert - 444 U.S. 472 (1980) U.S. Supreme Court Boeing Co. v. VanSearch
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Gemert, 444 U.S. 472 (1980) Boeing Co. v. VanSearch
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recovery rejected in Eisen v. CarlisleSearch
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might shift fees to the losing party in violation of the American rule reaffirmed in Alyeska Pipeline Service Co. v. WildernessSearch
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We granted certiorari, 441 U.S. 942 (1979), and we now affirm. II Since the decisions in Trustees v. GreenoughSearch
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U. S. 527 (1882), and Central Railroad & Banking Co. v. PettusSearch
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other than himself or his client is entitled to a reasonable attorney's fee from the fund as a whole. See Mills v. ElectricSearch
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Sprague v. TiconicSearch
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Hall v. ColeSearch
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U. S. 1 (1973). The common fund doctrine reflects the traditional practice in courts of equity, Trustees v. GreenoughSearch
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to the general principle that requires every litigant to bear his own attorney's fees, Alyeska Pipeline Service Co. v. WildernessSearch
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lawsuit without contributing to its cost are unjustly enriched at the successful litigant's expense. See, e.g., Mills v. ElectricSearch
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Brief any citation in this list with AI Studio
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among those benefited by the suit. See id. at 396 U. S. 394 . In Alyeska Pipeline Service Co. v. WildernessSearch
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Alyeska Pipeline Service Co. v. WildernessSearch
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the American rule against taxing the losing party with the victor's attorney's fees. See Alyeska Pipeline Service Co. v. WildernessSearch
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terminated the litigation between Boeing and the class concerning the extent of Boeing's liability. See Swanson v. AmericanSearch
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Consumer Industries, Inc., 517 F.2d 555, 559-561 (CA7 1975). This is not a case, like Liberty Mutual Ins. Co. v. WetzelSearch
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U. S. 737 (1976), where a prayer for attorney's fees against an opposing party remains unanswered. See Richerson v. JonesSearch
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recovery. See Tr. of Oral Arg. 20. Here, as in Eisen v. CarlisleSearch
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and damages, but also on whether and in what amount attorney's fees will be assessed. Cf. Liberty Mutual Ins. Co. v. WetzelSearch
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such as that discussed in the opinion of the Court. Beginning with Trustees v. GreenoughSearch
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short, though temporally long, step to the decision of the Court of Appeals for the Seventh Circuit in Swanson v. AmericanSearch
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U.S. at 105 U. S. 531 (emphasis added). Similarly, Cohen v. BeneficialSearch
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in the strict sense, I might forfeit my right to appeal certain aspects of the litigation, cf. Swanson v. AmericanSearch
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Sprague v. TiconicSearch
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Preston v. UnitedSearch
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Angoff v. GoldfineSearch
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approach over into cases where one party recovers attorney's fees directly from an opposing party. In Hidell v. InternationalSearch
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allowed the defendant to appeal the merits of the dispute prior to the actual determination of those fees. In Lowe v. PateSearch
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plaintiff's attorney a lien against the union to secure his fee. The Court of Appeals, relying on Swanson, Preston v. UnitedSearch
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States, supra, and Cohen v. BeneficialSearch
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Two other Courts of Appeals have rejected the bifurcated model of appealability in non-common fund cases. In Richerson v. JonesSearch
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that the United States had not appealed from a final order, the Court of Appeals relied upon Liberty Mutual Ins. Co. v. WetzelSearch
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appeal from a judgment on the merits prior to a determination of the attorney's fees. See Aetna Casualty & Surety Co. v. GiesowSearch
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Union Tank Car Co. v. IsbrandtsenSearch
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agreement). Judge Friendly has attempted to reconcile Giesow with the common fund cases. See Cinerama, Inc. v. SweetSearch
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Music, S.A., 482 F.2d 66, 70, n. 2 (CA2 1973). See also Union Tank Car Co. v. IsbrandtsenSearch
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Boeing's standing, we are obligated to consider the issue sua sponte, if necessary. See, e g., Juidice v. VailSearch
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U.S. Supreme Court Boeing Co. v. VanSearch
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Eisen v. CarlisleSearch
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and Central Railroad & Banking Co. v. PettusSearch
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See Mills v. ElectricSearch
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Hall v. ColeSearch
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Mills v. ElectricSearch
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In Alyeska Pipeline Service Co. v. WildernessSearch
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See Alyeska Pipeline Service Co. v. WildernessSearch
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See Swanson v. AmericanSearch
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