United States Seventh Circuit

In a breach of fiduciary duty action brought under the Labor-Management and Reporting Disclosure Act, district court's grant of defendant's motion to dismiss for lack of subject matter jurisdiction is reversed where the court erred in dismissing the suit, because the Act does contain an implied federal cause of action for a labor organization as an entity to sue its officers for breaches of their fiduciary duties imposed by the statute.

Appellate Information

• Argued 10/27/2008
• Decided 04/16/2009
• Published 04/16/2009

Judges

• KANNE, Circuit Judge., Before KANNE, WILLIAMS, and SYKES, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Bryan P. Diemer, Dale D. Pierson (argued), IUOE Local 150 Legal Department, Countryside, IL, for Plaintiff-Appellant.


• For Appellees:
  
• Eugene G. Callahan, Callahan & Associates, Oak Brook, IL, Thomas D. Decker (argued), Decker & Associates, Chicago, IL, for Defendant-Appellee.