Legal Opinion
Bricklayers Pension Trust Fund v. Rosati, Inc.
Court of Appeals for the Sixth Circuit
Decided October 29, 2001No. 00-1245PublishedCited by 3 opinions
1Opinion of the Court
MERRITT, Circuit Judge.
In a prior appeal, we directed the district court to address on remand the issue of whether the liquidated damages provision in the collective bargaining agreement between defendant and the Bricklayers Union constitutes a penalty under the federal common law. Bricklayers Pension Trust fund, v. Rosati, No. 98-1552, 1999 WL 503501 (6th Cir. July 7, 1999). We have previously held that a provision in a labor agreement allowing for liquidated damages must meet two requirements for enforceability: First, the harm caused by the breach must be very difficult or impossible to…
2Cases cited4 opinions
- Trustees for Michigan Carpenters Council Health & Welfare Fund v. C.J. Rogers, Inc.Court of Appeals for the Sixth Circuit · 1991
- Board of Trustees v. UdovchDistrict Court, N.D. California · 1991
- Teamsters-Employer Local No. 945 Pension Fund v. Acme Sanitation Corp.District Court, D. New Jersey · 1997
- Central States, Southeast and Southwest Areas Pension Fund, and Howard McDougall Trustee v. Bomar National, Inc., an Indiana Corporation, Hi-Way Dispatch, Inc., an Indiana Corporation, and B&m Properties, Inc., an Indiana CorporationCourt of Appeals for the Seventh Circuit · 2001
3Cited by3 opinions
- Gesualdi v. Fortunata Carting Inc.District Court, E.D. New York · 2014
- Engineers Joint Welfare Fund v. C. Destro Development Co.District Court, N.D. New York · 2016
- Ohio & Vicinity Carpenters' Fringe Benefit Funds, Inc. v. Bunting Graphics, Inc.District Court, N.D. Ohio · 2025