Labor – Contempt – remedies

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U.S. Court of Appeals For the Seventh Circuit Civil

Civil

Labor – Contempt – remedies

The party alleging contempt of an injunctive order had a right to compensatory relief for damages suffered as a result of the contempt, even after the main action has terminated.

“As the district court reasoned, any other interpretation of this rule would eviscerate the effect of Rule 10(j), as a party could simply continue its violation or delay a final finding of contempt long enough that the district court order expired by its own terms. See Barker ex rel. NLRB v. Latino Express, Inc., No. 11-C-2383, p.4 (N.D. Ill. March 1, 2013) (R. 98, p.4).”

“In this case, the Director sought, and the court granted, coercive relief in the form of prospective fines for Latino Express’s future non-compliance with the contempt order. These may no longer be imposed to coerce Latino Express’s compliance with the order upon termination of the injunction. On the other hand, the district court also granted compensatory relief in the form of payment to Garcia and Salgado for backpay incurred by Latino’s failure to promptly rein-state the employees as ordered by the district court, as well as compensatory relief to the Director for fees, costs and expenditures incurred by the contemptuous acts. This grant of relief survives the termination of the underlying preliminary injunction.”

Affirmed.

12-2828 Ohr v. Latino Express, Inc.

Appeal from the United States District Court for the Northern District of Illinois, Grady, J., Rovner, J.

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