Legal Opinion

Caperna v. Williams-Bauer Corp.

City of New York Municipal Court

Decided August 6, 1945PublishedCited by 5 opinions

1Opinion of the CourtColeman, J.

The question is whether a "plaintiff who, in an action under the Fair Labor Standards Act of 1938 (U. S. Code, tit. 29, § 201 et seq.), has had a verdict for $1,500, entitling him to judgment against the defendant for $3,000, may, in this court, have an additional award for attorney’s fees, as

*688the statute provides. The question arises, of course, from the fact that the limit of recovery in the court is $3,000.

The plaintiff argues that attorney’s fees are an item of “ costs ” and may be included in the judgment to be entered, which will carry conventional costs. But the difficulty with…

2Cases cited5 opinions

  1. Brooklyn Savings Bank v. O'NeilSupreme Court of the United States · 1945
  2. Stevens v. Central National BankNew York Court of Appeals · 1901
  3. Hutchinson v. William C. Barry, Inc.District Court, D. Massachusetts · 1943
  4. Osborn v. . CardezaNew York Court of Appeals · 1913
  5. Mutual Life Insurance v. KroehleNew York Supreme Court · 1899

3Cited by5 opinions

  1. Sonia F. Alland v. Consumers Credit CorporationCourt of Appeals for the Second Circuit · 1973
  2. Libra Bank Ltd. v. Banco Nacional De Costa Rica, S.A.District Court, S.D. New York · 1983
  3. Rojas v. KimbleArizona Supreme Court · 1961
  4. Rose v. ThauNew York Supreme Court · 1973
  5. Schwartz v. DurningMamaroneck Justice Court · 1977

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