Legal Opinion

Hoffman v. Kramer

Court of Appeals for the Fifth Circuit

Decided March 5, 2004No. 02-20070PublishedCited by 17 opinions

1Opinion of the Court

E. GRADY JOLLY, Circuit Judge:

Before union members may sue officers of their union for breach of their fiduciary duties under Title V of the Labor Management Reporting and Disclosure Act (“LMRDA”), 29 U.S.C. § 501(a), they must convince the trial court that there is “good cause” for the suit. 29 U.S.C. § 501(b). This court has not had occasion previously to address this “good cause” requirement. We do today.

The district court denied Louis Hoffman’s application for leave to sue three former officials of his union, the Southwest Airline Pilots Association (“SWAPA”). The district court held that…

2Cases cited21 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Duncan v. WalkerSupreme Court of the United States · 2001
  3. Collins v. Morgan Stanley Dean WitterCourt of Appeals for the Fifth Circuit · 2000
  4. TRW Inc. v. AndrewsSupreme Court of the United States · 2001
  5. Kamen v. Kemper Financial Services, Inc.Supreme Court of the United States · 1991

16 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. International Union of Operating Engineers, Local 150 v. WardCourt of Appeals for the Seventh Circuit · 2009
  2. CleanCOALition v. TXU POWERCourt of Appeals for the Fifth Circuit · 2008
  3. Simmonds v. Credit Suisse Securities LLCCourt of Appeals for the Ninth Circuit · 2010
  4. Wallace v. Perry (In Re Perry)United States Bankruptcy Court, S.D. Texas · 2010
  5. Kimberly-Clark Corp. v. Factory Mutual InsuranceCourt of Appeals for the Fifth Circuit · 2009

12 more not listed; retrieve them via the Exa API.

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