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· 9/2/2008

McCarter v. Retirement Plan for the District Managers of the American Family Insurance Group

Citations

  • 540 F.3d 649
  • 44 Employee Benefits Cas. (BNA) 2313
  • 102 A.F.T.R.2d (RIA) 6177
  • 2008 U.S. App. LEXIS 18808
  • 2008 WL 4052905

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that an “appeal may be taken from an award of attorneys’ fees only after that award is independently final—which means, after the district judge had decided how much must be paid.”
  • finding casino boat owner not vicariously liable where doctors were neither employees of the boat nor acting on its behalf
  • finding casino boat owner not vicariously liable where doctors were neither employees of the boat nor acting on its behalf
  • “only the most extraordinary circumstances could justify the use of whatever power the courts of appeals possess” to exercise pendent jurisdiction
  • dis- tinguishing between final decision on merits and “final deci- sion on attorneys’ fees (or costs),” which is final when award is quantified
  • “Plaintiffs’ claim may be weak, but the shortcomings of a legal theory differ from a lack of subject-matter jurisdiction.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Easterbrook, Ripple, Wood

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.