D.E.W., Inc. v. Local 93, Laborers' International Union of North America

957 F.2d 196 | Court of Appeals for the Fifth Circuit | 1992

enforcedCited 91 timesBATTLE_TESTEDFederal (5th Circuit)
View on Court Website

Holding Summary

An adoption agreement that incorporates collective bargaining agreement contribution provisions by reference obligates an employer to make benefit fund contributions for all similarly situated employees, both union and non-union, regardless of whether the employer signed the collective bargaining agreement itself.

Adoption agreement unambiguously incorporates contribution provisions for all laborer employees, union and non-union.

Court of Appeals for the Fifth Circuit, 1992

Related Cases

Gall v. United States

2007enforced

Appellate courts must review all sentences under an abuse-of-discretion standard regardless of whether they fall inside or outside the Guidelines range, and cannot require extraordinary circumstances to justify sentences outside the range.

Piotrowski v. City of Houston

2001reversed

Municipal liability under § 1983 requires proof of official policy as the moving force; isolated employee misconduct insufficient, and equal protection claim time-barred.

Adarand Constructors, Inc. v. Pena

1995remanded

Federal race-based classifications must be analyzed under strict scrutiny regardless of whether they benefit or burden minorities, and the Fifth Amendment's equal protection obligation equals the Fourteenth Amendment's.

Northeastern Florida Chapter of the Associated General Contractors of America v. City of Jacksonville

1993remanded

An association of contractors has standing to challenge a minority set-aside ordinance without proving any member would have won a contract absent the ordinance; the injury is denial of equal competitive opportunity, not loss of a specific contract.

Fitzgerald v. Advanced Spine Fixation Systems, Inc.

1999enforced

A manufacturer must indemnify an innocent seller for products liability litigation costs under Texas Civil Practice & Remedies Code § 82.002(a), even if the seller did not sell the particular defective product that injured the plaintiff, provided the seller qualifies as a 'seller' under the statute.

In Re Kellogg Brown & Root, Inc.

2005enforced

The Civil Commitment of Sexually Violent Predators Act is civil, not criminal, and does not violate due process even when applied to incompetent defendants.