Legal Opinion
Continental Can Company, Inc. v. Chicago Truck Drivers, Helpers and Warehouse Workers Union (Independent) Pension Fund
Court of Appeals for the Seventh Circuit
Decided December 27, 1990No. 89-3759PublishedCited by 20 opinions
1Opinion of the Court
ON MOTION FOR ATTORNEYS’ FEES
Before FLAUM, EASTERBROOK, and KANNE, Circuit Judges.
EASTERBROOK, Circuit Judge.
After prevailing on the merits, 916 F.2d 1154 (7th Cir.1990), the pension fund requests from the employer the legal fees it incurred in defending its judgment. The Fund invokes both Fed.R.App.P. 38 and § 4301(e) of the Multiemployer Pension Plan Amendments Act of 1980, 29 U.S.C. § 1451(e). We put Rule 38 aside immediately, for the appeal was not frivolous. See Mars Steel Corp. v. Continental Bank N.A., 880 F.2d 928, 938 (7th Cir.1989) (in banc). Although the employer lost, it relied on…
2Cases cited16 opinions
- Pierce v. UnderwoodSupreme Court of the United States · 1988
- Christiansburg Garment Co. v. Equal Employment Opportunity CommissionSupreme Court of the United States · 1978
- White v. New Hampshire Department of Employment SecuritySupreme Court of the United States · 1982
- Budinich v. Becton Dickinson & Co.Supreme Court of the United States · 1988
- Morton M. Hill, Jr. v. Norfolk and Western Railway CompanyCourt of Appeals for the Seventh Circuit · 1987
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3Cited by20 opinions
- Judith Perlman v. Swiss Bank Corporation Comprehensive Disability Protection PlanCourt of Appeals for the Seventh Circuit · 2000
- Craig Garbie v. Daimler Chrysler Corp.Court of Appeals for the Seventh Circuit · 2000
- Central States, Southeast and Southwest Areas Pension Fund v. Central Cartage Company and Central Transport, Inc.Court of Appeals for the Seventh Circuit · 1996
- Laborers' Pension Fund v. W.R. Weis Company, Inc.Court of Appeals for the Seventh Circuit · 2018
- Central States, Southeast and Southwest Areas Pension Fund and Howard McDougall Trustee v. Paramount Liquor Co.Court of Appeals for the Seventh Circuit · 2000
15 more not listed; retrieve them via the Exa API.