FEDERALCourt of Appeals for the Second Circuit
1995

Greenblatt v. Delta Plumbing & Heating Corp.

68 F.3d 561Court of Appeals for the Second Circuit • Decided 1995Reversed

HOLDING

A plumbing industry board sued a surety company to recover on a performance bond after a contractor failed to pay employee benefits. The appeals court reversed the lower court's decision and dismissed the case entirely, ruling that the federal district court had no legal authority to hear the case because it involved only state law claims about a surety bond. This matters to subcontractors because it shows that disputes over surety bonds may not be handled in federal court, even when they involve collective bargaining agreements.

KEY FINDINGS

Pay-When-Paid

Surety bond disputes based on state law cannot automatically be filed in federal court—check whether your case qualifies for federal jurisdiction before filing

Broad Indemnification

Just because a contract involves a collective bargaining agreement doesn't mean federal courts will take the case if the core claim is about state law

FULL COURT OPINION