United States DC Circuit

In a suit alleging violations of the defendants' fiduciary duties under section 501(a) of the Labor-Management Reporting and Disclosure Act (LMRDA), dismissal of the claims is reversed in part and vacated in part where: 1) plaintiff presented sufficient circumstantial evidence of misuse of reimbursements for union related activities; 2) there was a question as to whether defendants used their allowances for personal benefit rather than on legitimate union expenses; and 3) there was no factual basis for a mootness determination regarding a section 201(c) claim for release of documents.

Appellate Information

• Argued 10/26/2007
• Decided 05/16/2008
• Published 05/16/2008

Judges

• Before:  SENTELLE, Chief Judge, KAVANAUGH, Circuit Judge, and WILLIAMS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Bernadette C. Sargeant argued the cause and filed the briefs for appellant.


• For Appellees:
  
• Bruce H. Simon argued the cause for appellees.   With him on the brief were Brian A. Powers, Nicholas R. Femia, Peter Herman, and Victoria L. Bor. Keith R. Bolek entered an appearance.