Anthony W. Tedeschi and Lois Tedeschi, Merrill J. Chapman v. Smith Barney, Harris Upman & Co., Inc., Martin S. Berglas and John Maine
Cases that cite this one
26 later published cases cite this decision. The 24 that cite it most often are listed here.
- Burlington Coat Factory Warehouse v. Belk Bros. Co. (District Court, S.D. New York 1985)
- Campana v. Muir (District Court, M.D. Pennsylvania 1985)
- Joseph Serfecz and First Chicago Trust v. Jewel Food Stores (1st Cir. 1995)
- Christine Doering v. Union County Board Of Chosen Freeholders (3d Cir. 1988)
- Doering v. Union County Board of Chosen Freeholders (3d Cir. 1988)
- Baker Industries, Inc. v. Cerberus Limited. Appeal of Cravath, Swaine & Moore (3d Cir. 1985)
- Rand v. Anaconda-Ericsson, Inc. (District Court, E.D. New York 1985)
- Storey v. Cello Holdings, L.L.C. (District Court, S.D. New York 2002)
- Schlaifer Nance & Co. v. Estate of Warhol (District Court, S.D. New York 1998)
- Big R Food Warehouses v. LOCAL 338 RWDSU (District Court, E.D. New York 1995)
- Quick & Reilly, Inc. v. Jacobson (District Court, S.D. New York 1989)
- Wielgos v. Commonwealth Edison Co. (District Court, N.D. Illinois 1989)
- Levine v. Arabian American Oil Co. (District Court, S.D. New York 1987)
- Harris v. Marsh (District Court, E.D. North Carolina 1987)
- Sherman Treaters Ltd. v. Ahlbrandt (District Court, District of Columbia 1987)
- United States v. Kirksey (District Court, S.D. New York 1986)
- Azuma N v. v. Sinks (District Court, S.D. New York 1986)
- Winick Corp. v. Safeco Insursnce Co. of America (Cal. Ct. App. 1986)
- Singer v. Bell (District Court, S.D. New York 1986)
- Two's Co. v. Transamerica Insurance (District Court, S.D. New York 1986)
- Anschutz Petroleum Marketing Corp. v. E.W. Saybolt & Co. (District Court, S.D. New York 1986)
- Zerman v. Jacobs (District Court, S.D. New York 1986)
- Utica Mutual Insurance v. Fireman's Fund Insurance (District Court, S.D. New York 1985)
- Erie Conduit Corp. v. Metropolitan Asphalt Paving Ass'n (District Court, E.D. New York 1985)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
Anthony and Lois Tedeschi brought the action underlying this appeal in the district court for the Southern District of New York, seeking to recover damages from Anthony Tedeschi’s ex-employer for malicious prosecution, abuse of process, defamation, fraud and emotional distress. All five of the Tedeschis’ claims were dismissed prior to trial, see 548 F.Supp. 1172 (S.D.N.Y. 1982). Thereafter, the successful defendants moved, pursuant to Fed.R. Civ.P. 11, 28 U.S.C. § 1927 (1982) and the inherent equitable powers of the Court, for an award of attorneys’ fees and costs.- In a thorough and thoughtful opinion, see 579 F.Supp. 657 (S.D.N.Y. 1984), Judge Weinfeld granted the motion, and ordered Mr. Tedeschi to pay the defendants $4,000, Mrs. Tedeschi to pay $1,000 and Merrill J. Chapman, their attorney, to pay $5,000. Though the clients paid the fees assessed against them, their attorney appeals the assessment against himself.
We have carefully considered the arguments advanced on appeal, and find them to be wholly without merit. We do not believe the district court was without jurisdiction to grant the motion for costs and fees. Neither do we believe that the court exceeded its discretion in awarding the sum of $5,000. On the contrary, it appears that Judge Weinfeld was eminently reasonable in assessing that amount.
Under the “American Rule,” courts are indeed reluctant to award attorneys’ fees pursuant to their inherent equitable powers, and have limited such awards to cases where the unsuccessful party is found to be acting in bad faith. See Roadway Express, Inc. v. Piper, 447 U.S. 752, 765-66, 100 S.Ct. 2455, 2463-64, 65 L.Ed.2d 488 (1980); Alyeska Pipeline Co. v. Wilderness Society, 421 U.S. 240, 258-59, 95 S.Ct. 1612, 1622, 44 L.Ed.2d 141 (1975); Browning Debenture Holders’ Comm. v. DASA Corp., 560 F.2d 1078, 1087 (2d Cir. 1977); Nemeroff v. Abelson, 704 F.2d 652 (2d Cir. 1983). Judge Weinfeld, who witnessed the tortuous proceedings underlying this appeal, found that the claims were brought in bad faith, and the record provides ample support for his finding.
Accordingly, for substantially the reasons set forth in Judge Weinfeld’s opinion below, the judgment of the district court is affirmed. Pursuant to Fed.R. App.P. 38, we assess double costs and damages of $1,500. against Chapman for taking a frivolous appeal.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.