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Calderon v. Witvoet

United States Court of Appeals, Seventh Circuit
Apr 23, 1997
112 F.3d 275 (7th Cir. 1997)

Summary

holding that outlays for travel and related expenses by attorneys and paralegals may not be reimbursed as costs, as they are not listed in § 1920

Summary of this case from King v. Gowdy

Opinion

No. 96-3893

SUBMITTED APRIL 11, 1997

This successive appeal was assigned to the panel that heard the previous appeal, see Operating Procedure 6(b), which is unanimously of opinion that oral argument is unnecessary. See Fed.R.App.P. 34(a); Cir. R. 34(f).

DECIDED APRIL 23, 1997

Vincent H. Beckman (submitted), Pasquale Lombardo, Legal Assistance Foundation of Chicago, Chicago, IL, Michael L. Dietchweiler, Richard J. Casey, Labeau, Dietchweiler Berz, Kankakee, IL, for Plaintiffs-Appellees.

Christopher W. Bohlen, Blanke, Norden, Barmann, Kramer Bohlen, Kankakee, IL, for Defendants-Appellants.

Appeal from the United States District Court for the Central District of Illinois.

No. 88-2384.

HAROLD A. BAKER, Judge.

Before CUMMINGS, BAUER, and EASTERBROOK, Circuit Judges.



On remand following our prior opinion, 999 F.2d 1101 (1993), the district court held a jury trial. Plaintiffs prevailed on some claims under the Fair Labor Standards Act and state wage-payment laws, while defendants prevailed on claims under the Migrant and Seasonal Agricultural Worker Protection Act. Still other claims had been finally resolved in our opinion. As the prevailing parties under the FLSA, plaintiffs sought an award of attorneys' fees, which 29 U.S.C. § 216(b) authorizes.

The district court slashed plaintiffs' request by 50 percent and awarded approximately $61,000. Defendants say that this remains too high, but their brief does not contain the detailed analysis of billing records essential to call the district court's bottom line into question. Percentage reductions of the kind the district court used are not a good way to make adjustments for partial success, see Lenard v. Argento, 808 F.2d 1242, 1245 (7th Cir. 1987), but the plaintiffs, who lost the most from the district court's meat-axe approach, have not appealed. Appellate review of fee calculations is deferential, Hensley v. Eckerhart, 461 U.S. 424, 437 (1983); Bankston v. Illinois, 60 F.3d 1249, 1255 (7th Cir. 1995), and we are not persuaded that the district court exceeded allowable bounds in making the award.

Defendants also challenge the award of some $9,000 in costs. Once again appellate review is deferential. The award is unexceptionable in the main, but two items from the bill of costs require additional comment.

First, the district court awarded, as costs, outlays for travel and related expenses by attorneys and paralegals. These expenses are not listed in 28 U.S.C. § 1920 and therefore may not be reimbursed as costs. Crawford Fitting Co. v. J.T. Gibbons, Inc., 482 U.S. 437 (1987); Collins v. Gorman, 96 F.3d 1057 (7th Cir. 1996). They are nonetheless reimbursable — but as part of the award for attorneys' fees, because travel and meal expenses are the sort of things that a lawyer includes with a bill for professional services. Missouri v. Jenkins, 491 U.S. 274, 285-89 (1989); Herold v. Hajoca Corp., 864 F.2d 317, 323 (4th Cir. 1988).

Second, the district court included among the costs expenses plaintiff Daniel Gutierrez incurred in traveling from Texas to Illinois for trial. Section 1920 does not authorize this; neither does the theory of Missouri v. Jenkins, because the expense of a litigant's travel does not appear on an attorney's bill. According to plaintiffs, sec. 216(b) expands the category of costs. But the statute does not say so; it refers to "costs" without elaboration. To learn which expenses are taxable as "costs" a court must look elsewhere, and the only pertinent definition is in sec. 1920. Crawford Fitting holds that the judiciary may not expand its enumeration. Authorization to award attorneys' fees in a category of cases does not add to the list of allowable costs. West Virginia University Hospitals, Inc. v. Casey, 499 U.S. 83 (1991); Bankston, 60 F.3d at 1257. Although Colunga v. Young, 722 F. Supp. 1479, 1488 (W.D. Mich. 1989), directs defendants to reimburse plaintiffs for their travel expenses in a FLSA case, that decision is contrary to Crawford Fitting and West Virginia University prove the district court's conclusion in Colunga. The sixth circuit affirmed Colunga without published opinion, 914 F.2d 255 (1990) (table); its brief order (No. 89-2155, Aug. 31, 1990) shows that defendant contested the merits of the judgment against him but did not raise any issue concerning costs. Today's decision therefore does not depart from the law established in any other court of appeals.

The decision of the district court is affirmed, except to the extent it directs the defendants to pay for Gutierrez's travel expenses, and the case is remanded for the entry of a costs award consistent with this opinion.


Summaries of

Calderon v. Witvoet

United States Court of Appeals, Seventh Circuit
Apr 23, 1997
112 F.3d 275 (7th Cir. 1997)

holding that outlays for travel and related expenses by attorneys and paralegals may not be reimbursed as costs, as they are not listed in § 1920

Summary of this case from King v. Gowdy

holding that client's travel costs are not reimbursable as part of an award for attorney fees "because the expense of a litigant's travel does not appear on an attorney's bill"

Summary of this case from Trinity Lutheran Church of Columbia, Inc. v. Comer

holding client's travel costs are not reimbursable as part of an award for attorney fees "because the expense of a litigant's travel does not appear on an attorney's bill."

Summary of this case from Smith v. Lexisnexis Screening Solutions, Inc.

holding that travel and related expenses are reimbursable as attorney's fees

Summary of this case from Tran v. Tran

holding in a Fair Labor Standards case that a litigant's costs for travel to trial were not to be reimbursed

Summary of this case from Shoucair v. Brown Univ., 96-2896 (2004)

finding outlays for travel and related expenses are awardable expenses under the FLSA

Summary of this case from Walters v. Mayo Clinic Health System—Eau Claire Hosp., Inc.

finding that travel expenses are not recoverable as costs of suit, but rather are considered as part of a fee award "because travel and meal expenses are the sort of things that a lawyer includes with a bill for professional services."

Summary of this case from Riviera Distributors, Inc. v. Jones

explaining that "outlays for travel and related expenses by attorneys and paralegals" are not listed in § 1920 and therefore may not be awarded as costs, though they may be reimbursable as part of an award for attorney's fees

Summary of this case from Loveless v. McCorkle

awarding attorney travel time under the Fair Labor Standards Act because it is "the sort of thing that a lawyer includes with a bill for professional services"

Summary of this case from Lay v. Astrue

disallowing expenses Plaintiff incurred in traveling to trial

Summary of this case from Lin v. Tsuru of Bernards, LLC

stating that § 216(b) does not expand the allowable costs beyond those enumerated in § 1920

Summary of this case from Lin v. Tsuru of Bernards, LLC

discouraging "meat-axe * * * [p]ercentage reductions * * * to make adjustments for partial success"

Summary of this case from DELGADO v. MAK

stating that "costs, outlays for travel and related expenses by attorneys and paralegals . . . are not listed in 28 U.S.C. § 1920 and therefore may not be reimbursed as costs."

Summary of this case from Solon v. Kaplan

referring to 28 U.S.C. § 1920 to determine costs

Summary of this case from Tacke v. Energy West, Inc.
Case details for

Calderon v. Witvoet

Case Details

Full title:CRISPIN CALDERON, et al., on behalf of themselves and all others similarly…

Court:United States Court of Appeals, Seventh Circuit

Date published: Apr 23, 1997

Citations

112 F.3d 275 (7th Cir. 1997)

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