Ray Haluch Gravel Co. v. Central Pension Fund of the International Union of Operating Engineers and Participating Employers
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 12-992 | 1st Cir. | Dec 9, 2013 | Jan 15, 2014 | 9-0 | Kennedy | OT 2013 |
Holding: A decision on the merits is a "final decision" even if the award or amount of attorney's fees remains to be determined.
Judgment: Reversed and remanded, 9-0, in an opinion by Justice Kennedy on January 15, 2014.
SCOTUSblog Coverage
- Opinion analysis: Operational consistency and predictability prevail in defining when a judgment is final (Howard M. Wasserman, January 16, 2014)
- Argument recap: Finding simple rules is not always so simple (Howard M. Wasserman, December 10, 2013)
- Argument preview: Attorney's fees and the final judgment rule (Howard M. Wasserman, December 2, 2013)
- Petition of the day (Mary Pat Dwyer, June 12, 2013)
| Date | Proceedings and Orders |
|---|---|
| 11/30/2012 | Application (12A551) to extend the time to file a petition for a writ of certiorari from December 11, 2012 to February 8, 2013, submitted to Justice Breyer. |
| 12/03/2012 | Application (12A551) granted by Justice Breyer extending the time to file until February 8, 2013. |
| 02/08/2013 | Petition for a writ of certiorari filed. (Response due March 14, 2013) |
| 02/21/2013 | Order extending time to file response to petition to and including May 13, 2013. |
| 05/13/2013 | Brief of respondents Central Pension Fund of the International Union of Operating Engineers and Participating Employers, et al. in opposition filed. |
| 05/24/2013 | Reply of petitioner Ray Haluch Gravel Company, et al. filed. |
| 05/28/2013 | DISTRIBUTED for Conference of June 13, 2013. |
| 06/17/2013 | Petition GRANTED. |
| 07/11/2013 | The time to file the joint appendix and petitioners' brief on the merits is extended to and including August 28, 2013. |
| 07/11/2013 | The time to file respondents' brief on the merits is extended to and including October 23, 2013. |
| 08/27/2013 | Joint appendix filed. (Statement of costs filed) |
| 08/27/2013 | Brief of petitioners Ray Haluch Gravel Company, et al. filed. |
| 09/17/2013 | SET FOR ARGUMENT ON Monday December 9, 2013 |
| 09/17/2013 | CIRCULATED |
| 10/02/2013 | Record from U.S.C.A. for 1st Circuit is electronic and is available on PACER. |
| 10/03/2013 | Record from U.S.D.C. for District of Massachusetts is electronic and is availabe on PACER. |
| 10/23/2013 | Brief of respondents Central Pension Fund of the International Union of Operating Engineers and Participating Employers, et al. filed. (Distributed) |
| 11/22/2013 | Reply of petitioners Ray Haluch Gravel Company, et al. filed. (Distributed) |
| 12/09/2013 | Argued. For petitioners: Dan Himmelfarb, Washington, D. C. For respondents: James A. Feldman, Washington, D. C. |
| 01/15/2014 | Judgment REVERSED and case REMANDED. Kennedy, J., delivered the opinion for a unanimous Court. |
| 02/18/2014 | JUDGMENT ISSUED. |
Issue: Whether a district court”s decision on the merits that leaves unresolved a request for contractual attorney”s fees is a “final decision” under 28 U.S.C. § 1291, which provides that courts of appeals have jurisdiction of appeals from final decisions of the district courts.