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