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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.