Legal Opinion

Melvin McGowan v. King, Inc.

Court of Appeals for the Fifth Circuit

Decided November 9, 1981No. 81-4005PublishedCited by 28 opinions

1Opinion of the Court

ALVIN B. RUBIN, Circuit Judge:

The adequacy of an award of attorney’s fees, like many other decisions that cannot be made with formulaic precision, rests on the sound discretion of the trial judge. We do not make this precept mere cant by petty interference with the exercise of that discretion. When, however, the trial judge’s decision so far transgresses the bounds of informed judgment as to be manifestly unsound, we are compelled reluctantly to substitute our judgment for his. In this case the trial judge allowed a litigant, whose counsel had twice successfully appealed to this court, a fee…

2Cases cited12 opinions

  1. Johnson v. Georgia Highway Express, Inc.Court of Appeals for the Fifth Circuit · 1974
  2. United States v. HoughamSupreme Court of the United States · 1960
  3. Mary S. Smith v. Don Chapman, D/B/A Don Chapman Motor SalesCourt of Appeals for the Fifth Circuit · 1980
  4. Melvin McGowan v. King, IncorporatedCourt of Appeals for the Fifth Circuit · 1978
  5. Joseph E. Gerasta, Josefina E. Gerasta, Wife of Joseph E. Gerasta v. Hibernia National Bank v. U. S. Building Materials Co., Inc.Court of Appeals for the Fifth Circuit · 1978

7 more not listed; retrieve them via the Exa API.

3Cited by28 opinions

  1. Copper Liquor, Inc., Robert Earl Basham, Jr., or the Estate of Harold Letcher, Deceased, Cross-Appellant v. Adolph Coors Company, Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1982
  2. Moses Leroy v. The City of Houston, Greater Houston Civic Council v. Frank Mann, City of HoustonCourt of Appeals for the Fifth Circuit · 1990
  3. Renee Purtle v. Eldridge Auto Sales, Inc.Court of Appeals for the Sixth Circuit · 1996
  4. Henderson v. District of ColumbiaDistrict of Columbia Court of Appeals · 1985
  5. Frazier v. Franklin Inv. Co., Inc.District of Columbia Court of Appeals · 1983

23 more not listed; retrieve them via the Exa API.

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