United States Supreme Court
Ray Haluch Gravel Co. v. Central Pension Fund of Operating Engineers and Participating Employers, 12-992
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In an action brought by various union-affiliated benefit funds to collect benefits contributions required to be paid under federal law, and for attorneys fees and costs, where the district court issued an order on June 17, 2011 on the merits of the contribution claim and a separate ruling on July 25 on plaintiffs' motion for fees and costs, plaintiffs' August 15, 2011 appeal of the June 17 decision was untimely, where: 1) a decision on the merits is a "final decision" for appeal purposes under 28 U.S.C. section 1291 even if the award or amount of attorney's fees for the litigation remains to be determined; and 2) whether the claim for attorney's fees is based on a statute, a contract, or both, the pendency of a ruling on an award for fees and costs does not prevent, as a general rule, the merits judgment from becoming final for purposes of appeal.
Appellate Information
- Decided 01/15/2014
- Published 01/15/2014
Judges
- KENNEDY
Court
- United States Supreme Court