Board of Trustees of the Plumbers, Pipe Fitters & Mechanical Equipment Service, Local Union v. Humbert

The Union sued Genesis Mechanical, Genesis Services, and Genesis Corporation, claiming that all three had violated the union’s collective-bargaining agreement (CBA) by failing to forward certain funds. The Union alleged that Mechanical was a signatory to the CBA and that Services and Genesis Corporation were bound by the CBA as alter egos of Mechanical. On summary judgment, the district court held that Mechanical and Services were bound by the CBA but that Genesis Corporation was not. The Union filed a notice of appeal but the district court had not determined the amount of damages to which it was entitled. The parties, “for the sole purpose of proceeding with the appeal,” and without waiving any rights, agreed to the entry of a “Stipulated Judgment Order” by which Mechanical and Services would pay the Union about $45,000 in damages. The Seventh Circuit dismissed, holding that the orders were not final for purposes of appellate jurisdiction under 28 U.S.C. 1291, despite the stipulated order. That order leaves open the possibility of “piecemeal appeals” and would “let the parties pause the litigation, appeal, then resume the litigation” on whatever issues they like. View "Board of Trustees of the Plumbers, Pipe Fitters & Mechanical Equipment Service, Local Union v. Humbert" on Justia Law