Summary

Portrait of Harry Blackmun Harry Blackmun Independent Federation of Flight Attendants v…

Aside from its unpersuasive assertion that fee liability must be conditioned on a finding of wrongdoing, the majority never even attempts to explain why it adopts a categorical rule directing district courts to treat all intervenors like civil rights plaintiffs. Whatever validity such treatment might have where an intervenor raises a civil rights claim, there is absolutely no justification for it where, as in this case, an intervenor asserts non-civil-rights claims of third parties, or where an intervenor raises no third-party claims at all.
Source: Wikisource

Portrait of Harry Blackmun Harry Blackmun Independent Federation of Flight Attendants v…

For me, the Court's approach to the difficult problem of an intervenor's fee liability is not fully satisfying. The Court notes that an intervenor is not like a culpable Title VII defendant because it is not a wrongdoer, and holds that, as a result, the rule that a defendant is presumptively liable for fees if the Title VII plaintiff prevails cannot be applied to an intervenor.
Source: Wikisource

Portrait of Harry Blackmun Harry Blackmun Independent Federation of Flight Attendants v…

The only potential "disadvantage" to the rule I would adopt is that it would diminish, to some extent, the gains a Title VII defendant could reap from settlement: under my rule, the defendant's fee liability would not cease with its decision to settle the case. The result will not be to deter all settlements, however: it will deter only those that unfairly impose disproportionate costs on third parties.
Source: Wikisource

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