United States First Circuit

In a suit alleging breach of a labor agreement by an employer and breach of the duty of fair representation by a union, verdicts in favor of defendants are affirmed where: 1) any error in the court's directed verdict in favor of the employer was harmless since wrongly directed verdicts in favor of a party are harmless where the jury's ultimate verdict necessarily defeats the claim against the dismissed party; 2) plaintiff waived any objection to the jury charge; and 3) the evidence was sufficient to support jury findings against the plaintiff.

Appellate Information

• Decided 01/08/2008
• Published 01/08/2008

Judges

• CAMPBELL, Senior Circuit Judge., Before BOUDIN, Chief Judge, CAMPBELL, Senior Circuit Judge, and HOWARD, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Scott A. Lathrop with whom Scott A. Lathrop & Associates was on brief for appellant.


• For Appellees:
  
• Renee J. Bushey with whom Michael A. Feinberg and Feinberg, Campbell & Zack were on brief for appellee Teamsters Local Union 25., Carl H. Gluek with whom Jennifer L. Whitney, and Frantz Ward, were on brief for appellee New Penn Motor Express, Inc.