LATEST SUMMARIES
ADMINISTRATIVE LAW, CIVIL PROCEDURE, CONTRACTS, OIL & GAS LAW, PUBLIC UTILITIES, REMEDIES
Greenwood v. New Hampshire Pub. Util. Comm'n
ATTORNEY'S FEES, CONTRACTS, DISPUTE RESOLUTION & ARBITRATION, EVIDENCE, HEALTH LAW, LABOR & EMPLOYMENT LAW
UMass Mem'l Med. Ctr., Inc. v. United Food and Commercial Workers
Union
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LATEST SUMMARIES
ADMINISTRATIVE LAW, CIVIL PROCEDURE, CONTRACTS, OIL & GAS LAW, PUBLIC UTILITIES, REMEDIES
Greenwood v. New Hampshire Pub. Util. Comm'n, No.
07-2322
In a case wherein the district court enjoined a state public
utilities commission from enforcing an order purportedly issued
under the Public Utility Regulatory Policies Act of 1978, the
judgment is reversed and matter dismissed where: 1) the suit was
barred by the statute of limitations; and 2) even if the statute of
limitations had not expired, plaintiff's claim for injunctive relief
called upon equitable powers of the federal court, and thus it would
be inherently inequitable to allow the action to proceed and allow
any relief to be granted.
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ATTORNEY'S FEES, CONTRACTS, DISPUTE RESOLUTION & ARBITRATION, EVIDENCE, HEALTH LAW, LABOR & EMPLOYMENT LAW
UMass Mem'l Med. Ctr., Inc. v. United Food and Commercial Workers
Union, No. 07-2527, 07-2528
In an employer-union dispute wherein the district court upheld an
arbitral award in favor of the union but denied the union's request
for attorney fees, judgment is affirmed where: 1) the case failed to
meet the exceedingly high threshold for judicial interference with
arbitral awards; 2) the arbitral award drew "its essence from the
collective bargaining agreement"; and 3) the district court did not
abuse its discretion in concluding that the employer's federal claim
was sufficiently justified to avoid a payment of attorney's fees.
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