The Supreme Court’s Loper Bright Enterprises v. Raimondo decision should relieve concrete, construction and trucking interests of some uncertainties arising from federal agency rules or shield them when challenging such measures in federal courts. Loper plaintiffs questioned a Department of Commerce rule that hinged on authority indicated in Chevron U.S.A Inc. v. Natural Resources Defense Counsel. That 1984 high court…
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Supreme Court backs masonry contractor bankruptcy case order
Sources: CP staff; U.S. Supreme Court; Dorsey & Whitney LLP, Denver
A unanimous Supreme Court decision affirms the U.S. Court of Appeals for Sixth Circuit’s finding in Ritzen Group Inc. v. Jackson Masonry LLC, a case demonstrating U.S. Bankruptcy Court complexities. In a January 14 opinion, Justice Ruth Bader Ginsburg details a tight framework for creditors seeking relief in bankruptcy court decisions, including a 14-day window for individual party appeals.
Read MoreJUSTICES 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.
Read MoreSupreme 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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