Bd. of Trs. of the Plumbers, Pipe Fitters & Mechanical Equipment Serv., Local Union No. 392 v. Humbert

Decision Date12 March 2018
Docket NumberNos. 16-3285/17-3394,s. 16-3285/17-3394
Citation884 F.3d 624
Parties BOARD OF TRUSTEES OF the PLUMBERS, PIPE FITTERS & MECHANICAL EQUIPMENT SERVICE, LOCAL UNION NO. 392, et al., Plaintiffs-Appellees/Cross-Appellants, v. Steven L. HUMBERT, et al., Defendants, Steve Reece, dba Genesis Mechanical Services ; Genesis Mechanical Services, Inc., Defendants-Appellants/Cross-Appellees.
CourtU.S. Court of Appeals — Sixth Circuit

884 F.3d 624

BOARD OF TRUSTEES OF the PLUMBERS, PIPE FITTERS & MECHANICAL EQUIPMENT SERVICE, LOCAL UNION NO. 392, et al., Plaintiffs-Appellees/Cross-Appellants,
v.
Steven L. HUMBERT, et al., Defendants,

Steve Reece, dba Genesis Mechanical Services ; Genesis Mechanical Services, Inc., Defendants-Appellants/Cross-Appellees.

Nos. 16-3285/17-3394

United States Court of Appeals, Sixth Circuit.

Argued: February 1, 2018
Decided and Filed: March 12, 2018


ARGUED: Paul D. Dorger, KEATING MUETHING & KLEKAMP PLL, Cincinnati, Ohio, for Appellants/Cross-Appellees. Joseph Mallon, JOHNSON KROL, Chicago, Illinois, for Appellees/Cross-Appellants. ON BRIEF: Paul D. Dorger, KEATING MUETHING & KLEKAMP PLL, Cincinnati, Ohio, for Appellants/Cross-Appellees. Joseph Mallon, JOHNSON KROL, Chicago, Illinois, for Appellees/Cross-Appellants.

Before: SUTTON, KETHLEDGE, and LARSEN, Circuit Judges.

KETHLEDGE, Circuit Judge.

884 F.3d 625

The parties appeal and cross-appeal the district court’s decisions as to the defendants’ liability under a collective-bargaining agreement. Of more immediate concern to us here, however, is whether the district court’s judgment was final for purposes of appellate jurisdiction. We hold it was not.

Local 392 of the Plumbers, Pipe Fitters & Mechanical Equipment Service Union sued Genesis Mechanical (Mechanical), Genesis Mechanical Services (Services), and Genesis Mechanical Services, Inc. (Genesis Corp.), claiming that all three had violated the union’s collective-bargaining agreement by failing to forward to the union certain monies per the terms of the CBA. Specifically, Local 392 alleged that Mechanical was a signatory to the CBA and that Services and Genesis Corp. were bound by the CBA as alter egos of Mechanical. On summary judgment, the district court held that all three companies were bound by the CBA and thus liable for unpaid monies per its terms. Services and Genesis Corp. (but not Mechanical) then filed a notice of appeal. Later, upon reconsideration, the district court held that Mechanical and Services were bound by the CBA but that Genesis Corp. was not. Local 392 then filed a notice of appeal as to that order.

At that point, however, the district court had not determined the amount of damages to which Local 392 was entitled. That meant its orders in the case were not final for purposes of appellate jurisdiction under 28 U.S.C. § 1291. See Page Plus of...

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    ...a potential jurisdictional problem. See Bd. of Trs. of Plumbers, Pipe Fitters & Mech. Equip. Serv., Loc. Union No. 392 v. Humbert , 884 F.3d 624, 625 (6th Cir. 2018). Except in a few inapplicable situations, Congress has given circuit courts jurisdiction only over "final decisions" of distr......
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