Ray Haluch Gravel v International Union of Operating Engineers

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"Bridging the Finality Gap: Getting Appeals of the Merits and Attorneys' Fees on the Same Track"

In 1988, Seventh Circuit Judge Richard Posner observed, with characteristic flair, that litigation over attorneys’ fees “has become a heavy burden on the federal courts... It can turn a simple civil case into two or...more

Supreme Court Confirms That Merits Decisions Are Final and Appealable Even When Contractual Fees Remain Unresolved

The U.S. Supreme Court has provided much-needed clarity and uniformity on the issue of whether contractual attorney’s fees are a part of a merits decision for the purposes of determining timeliness of a federal appeal. Ray...more

The Devil Is In Those Details: Supreme Court Holds That the Clock for the Appeal of an ERISA Decision Began Running Sooner Than...

The U.S. Supreme Court has ruled that the plaintiffs, a group of union-affiliated employee benefit funds (the Funds), waited too late to give notice of their appeal from the trial court’s judgment on the merits of their case...more

U.S. Supreme Court: A Decision on the Merits Triggers the Time to Appeal Irrespective of a Pending Contractual or Statutory...

The U.S. Supreme Court ruled in a unanimous opinion that an unresolved claim for attorney’s fees does not prevent a decision on the merits of an ERISA suit from becoming final for purposes of the deadline to file a notice of...more

Supreme Court to Determine the Appealability of Merits Decisions When Contractual Fee Disputes Remain Unresolved

The U.S. Supreme Court recently granted certiorari in a case that could have far reaching impact in litigation involving federal claims for attorney’s fees. In Ray Haluch Gravel Co. v. Central Pension Fund of the...more

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