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 Anthony McLeod Kennedy on Jan 15, 2014.
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.
Proceedings & orders timeline
Nov 30, 2012Application (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.
Dec 3, 2012Application (12A551) granted by Justice Breyer extending the time to file until February 8, 2013.
Feb 8, 2013Petition for a writ of certiorari filed. (Response due March 14, 2013)
Feb 21, 2013Order extending time to file response to petition to and including May 13, 2013.
May 13, 2013Brief of respondents Central Pension Fund of the International Union of Operating Engineers and Participating Employers, et al. in opposition filed.
May 24, 2013Reply of petitioner Ray Haluch Gravel Company, et al. filed.
May 28, 2013DISTRIBUTED for Conference of June 13, 2013.
Jun 17, 2013Petition GRANTED.
Jul 11, 2013The time to file the joint appendix and petitioners' brief on the merits is extended to and including August 28, 2013.
Jul 11, 2013The time to file respondents' brief on the merits is extended to and including October 23, 2013.
Aug 27, 2013Joint appendix filed. (Statement of costs filed)
Aug 27, 2013Brief of petitioners Ray Haluch Gravel Company, et al. filed.
Sep 17, 2013SET FOR ARGUMENT ON Monday December 9, 2013
Sep 17, 2013CIRCULATED
Oct 2, 2013Record from U.S.C.A. for 1st Circuit is electronic and is available on PACER.
Oct 3, 2013Record from U.S.D.C. for District of Massachusetts is electronic and is availabe on PACER.
Oct 23, 2013Brief of respondents Central Pension Fund of the International Union of Operating Engineers and Participating Employers, et al. filed. (Distributed)
Nov 22, 2013Reply of petitioners Ray Haluch Gravel Company, et al. filed. (Distributed)
Dec 9, 2013Argued. For petitioners: Dan Himmelfarb, Washington, D. C. For respondents: James A. Feldman, Washington, D. C.
Jan 15, 2014Judgment REVERSED and case REMANDED. Kennedy, J., delivered the opinion for a unanimous Court.
Feb 18, 2014JUDGMENT ISSUED.
Recommended Citation: Ray Haluch Gravel Co. v. Central Pension Fund of the International Union of Operating Engineers and Participating Employers, SCOTUSblog, https://www.scotusblog.com/cases/ray-haluch-gravel-co-v-central-pension-fund-of-the-international-union-of-operating-engineers-and-participating-employers/