[Download] "Smith V. Detroit Federation Of Teachers" by United States Court Of Appeals For The Sixth Circuit * Book PDF Kindle ePub Free

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eBook details

• Title: Smith V. Detroit Federation Of Teachers
• Author : United States Court Of Appeals For The Sixth Circuit
• Release Date : January 29, 1987
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 72 KB

Description

Defendant-appellant Detroit Federation of Teachers, Local 231, American Federation of Teachers, AFL-CIO ("DFT" or "the Union") appeals that portion of a district court's order which rejected a magistrate's recommendation that DFT be awarded attorney's fees following the plaintiffs-appellees' (collectively "Smith") unsuccessful civil rights suit against the Union. DFT argues on appeal that the frivolous and harassing nature of Smith's suit and attendant unsuccessful appeal to this court warranted the imposition of attorney's fees against both Smith and plaintiffs' counsel pursuant to the inherent power of the court, 42 U.S.C. § 1988 (1982), 28 U.S.C. § 1927 (1982), and Fed. R. Civ. P. 11. We hold that by failing to object to the magistrate's recommendation that the individual plaintiffs not be held responsible for attorney's fees, DFT waived the right to now contend that Smith be held liable for the payment of attorney's fees to DFT. We also hold that the district court did not abuse its discretion in declining to assess Smith's counsel for DFT's attorney's fees. Accordingly, we affirm.

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