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Mayer v. WALL STREET EQUITY GROUP, INC.
672 F.3d 1222
| 11th Cir. | 2012
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Background

  • Mayer settled his FLSA overtime claim with his former employer after filing suit.
  • Mayer's attorney filed the settlement with the district court and sought attorney's fees.
  • The district court dismissed the case pursuant to settlement.
  • Wall Street Equity and West opposed Mayer's fee motion and sought their own fees, alleging bad faith.
  • The district court denied Wall Street Equity and West's fee motion without explanation; an appeal followed amid a magistrate's R&R favoring Mayer.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether the appeal of attorney's-fee orders is jurisdictionally proper. Mayer Wall Street Equity and West Appeal dismissed for lack of jurisdiction

Key Cases Cited

  • World Fuel Corp. v. Geithner, 568 F.3d 1345 (11th Cir. 2009) (finality and postjudgment decisions)
  • Delaney's Inc. v. Illinois Union Insurance Co., 894 F.2d 1300 (11th Cir.1990) (finality for postjudgment proceedings)
  • Thomas v. Blue Cross & Blue Shield Ass'n, 594 F.3d 823 (11th Cir.2010) (postjudgment proceedings treated as separate litigation)
  • Association of Community Organizations for Reform Now v. Illinois State Board of Elections, 75 F.3d 304 (7th Cir.1996) (finality concept in postjudgment review)
  • Solis v. Current Development Corp., 557 F.3d 772 (7th Cir.2009) (avoid piecemeal appeals of postjudgment orders)
  • Cohen v. Beneficial Industrial Loan Corp., 337 U.S. 541 (1949) (§1291 purpose to combine review of all stages before final judgment)
Read the full case

Case Details

Case Name: Mayer v. WALL STREET EQUITY GROUP, INC.
Court Name: Court of Appeals for the Eleventh Circuit
Date Published: Feb 23, 2012
Citation: 672 F.3d 1222
Docket Number: 11-13575 Non-Argument Calendar
Court Abbreviation: 11th Cir.