U.S. Supreme Court So Decides, Finding Rule for Statutorily-Based Fee Motions Applied to Contractually-Based Fee Motions Also.
On January 15, 2014, the U.S. Supreme Court issued its opinion in Ray Haluch Gravel Co. v. Cent. Pension Fund of Int’l Union of Operating Eng’rs, 2014 U.S. LEXIS 646 (U.S. Jan. 15, 2014). Earlier, this high court determined that unresolved statutorily-based fee motions do not extend the time to appeal a previously adjudicated merits-based final decision. Haluch Gravel took this earlier decision one step further—an unresolved contractually-based fee motion did not extend the time to appeal an earlier merits-based final decision. This one was unanimous, written by Justice Kennedy, on behalf of the Court.
HAT TIP—Thanks to Orange County attorney Steve Krongold for bringing this decision to our attention.