Legal Opinion

Local Union No. 38 v. Pelella

Court of Appeals for the Second Circuit

Decided November 17, 2003No. Docket No. 02-7939PublishedCited by 8 opinions

1Opinion of the Court

MESKILL, Circuit Judge.

This appeal asks us to decide if section 101(a)(4) of the Labor-Management Reporting and Disclosure Act, 29 U.S.C. § 411(a)(4), bars a union member’s counterclaim that is financed by an interested employer as well as whether punitive damages are available where only nominal damages are awarded and whether attorney’s fees were justified.

Plaintiff-appellant Local Union No. 38, Sheet Metal Workers’ International Association, AFL-CIO (Local 38) appeals from a judgment of the United States District Court for the Southern District of New York, Yanthis, M.J., entered after a…

2Cases cited54 opinions

  1. McNeil v. United StatesSupreme Court of the United States · 1993
  2. BMW of North America, Inc. v. GoreSupreme Court of the United States · 1996
  3. State Farm Mutual Automobile Insurance v. CampbellSupreme Court of the United States · 2003
  4. Mills v. Electric Auto-Lite Co.Supreme Court of the United States · 1970
  5. Hall v. ColeSupreme Court of the United States · 1973

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3Cited by8 opinions

  1. Label Systems Corp. v. Samad AghamohammadiSupreme Court of Connecticut · 2004
  2. Local Union No. 38, Sheet Metal Workers' International Association, Afl-Cio v. PelellaCourt of Appeals for the Second Circuit · 2003
  3. Fabri v. United Technologies International, Inc.Court of Appeals for the Second Circuit · 2004
  4. Fabri v. United Technologies International, Inc.Court of Appeals for the Second Circuit · 2004
  5. Doro v. Sheet Metal Workers' International Ass'nCourt of Appeals for the Second Circuit · 2007

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

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