‘Safety’ advocates prove unpersuasive in drivers’ hours exemption challenge

A late-July U.S. Court of Appeals for the D.C. Circuit decision denies a petition to review a final rule expanding a short-haul exemption and modifying a 30-minute break requirement in the Federal Motor Carrier Safety Administration hours of service regulation. The former action entailed a maximum duty period change from 12 to 14 hours, securing HOS compliance flexibility that National…

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JUSTICES SIDE WITH HARDSCAPE DEALER HALUCH GRAVEL IN UNION PENSION CASE

The Supreme Court has reversed a U.S. Court of Appeals decision for plaintiffs (Funds), led by the Central Pension Fund of the International Union of Operating Engineers, which had pursued additional contributions and reimbursement of litigation expenses from Ray Haluch Gravel Co. Ludlow, Mass.-based Haluch Gravel petitioned for review of technical questions on whether the Funds’ appeal of a U.S. District Court for the District of Massachusetts (Boston) order were timely or untimely under federal rules. According to counsel Mayer Brown: The petition centered on the appealability of federal trial court decisions in cases where a party has requested an award of attorney’s fees. The Supreme Court held that a district court’s decision leaving unresolved a request for contractual attorney’s fees is a final decision subject to immediate appeal.

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Supreme Court sides with hardscape dealer Haluch Gravel in Operating Engineers pension case

Sources: U.S. Supreme Court; Oyez Archive/Kent College of Law, Chicago; CP staff

The Supreme Court has reversed a U.S. Court of Appeals decision for plaintiffs (Funds), led by the Central Pension Fund of the International Union of Operating Engineers, which had pursued additional contributions and reimbursement of litigation expenses from Ray Haluch Gravel Co.

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