Wednesday, June 19, 2013

SCOTUS Cert Grant on Appellate Jurisdiction

This week the Supreme Court granted certiorari in Ray Haluch Gravel Co. v. Central Pension Fund (No. 12-992), which presents the question:

In Budinich v. Becton Dickinson & Co., 486 U.S. 196 (1988), this Court held that a district court’s decision on the merits that left unresolved a request for statutory attorney’s fees was a “final decision” under 28 U.S.C. § 1291. The question presented in this case, on which there is an acknowledged conflict among nine circuits, is 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.

You can find a link to the First Circuit’s decision below and the cert-stage briefing at SCOTUSblog’s case file.

--A 

http://lawprofessors.typepad.com/civpro/2013/06/scotus-cert-grant-on-appellate-jurisdiction.html

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