· 8/18/2003
Electrical Workers Pension Trust Fund of Local Union 58, Ibew v. Gary's Electric Service Company
Citations
- 340 F.3d 373
- 30 Employee Benefits Cas. (BNA) 2869
- 2003 U.S. App. LEXIS 16806
- 2003 WL 21955043
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that corporate officer could be held in contempt for violation of injunction against company in a case where the petition for contempt was filed against both
- holding that, once the movant has made a showing by clear and convincing evidence, the burden shifts to the non-movant to show that he is presently unable to comply with the Court’s order
- holding that after movants meet their initial burden, “the burden of production shifts to [the defendant]” and remanding to the District Court to “make specific findings with respect to whether the parties satisfied their respective burdens.”
- stating that a court may impose coercive or compensatory sanctions as a civil contempt remedy
- finding that a corporate officer could be held in civil contempt even though the officer was not a named defendant
- underscoring the demanding nature of the “clear and convincing” standard for showing violation of a definite and specific court order
Source: CourtListener parenthetical corpus (CC0).
Judges: Batchelder, Moore, Clay
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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