(DOWNLOAD) "Iue Afl-Cio Pension Fund v. Herrmann" by United States Court of Appeals for the Second Circuit # Book PDF Kindle ePub Free
eBook details
- Title: Iue Afl-Cio Pension Fund v. Herrmann
- Author : United States Court of Appeals for the Second Circuit
- Release Date : January 19, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
Plaintiff/Appellant, IUE AFL-CIO Pension Fund, a multi-employer, union pension fund, and its trustees (collectively the "Fund") appeal an unpublished order of the United States District Court for the District of Connecticut, T.F. Gilroy Daly, Judge, adopting Magistrate Judge Arthur H. Latimers report and recommendation to dismiss the Funds second amended complaint ("SAC" or the "Complaint") for failure to plead fraud with particularity, lack of federal jurisdiction, and for failure to state a claim upon which relief can be granted. Fed. R. Civ. P. 9(b), 12(b)(1), and (6). Given the procedural context of this case, we are required to address several distinct jurisdictional questions -- whether the Fund timely filed objections to the magistrate Judges report and recommendation, whether a final judgment is before this court, whether the district court properly dismissed the Funds federal claims pursuant to Rules 9(b) and 12(b), and whether the district court had pendent jurisdiction over the state law claims. We are also asked to rule on the Funds request for injunctive relief pursuant to 29 U.S.C. Γ§ 1399(c) (1988). We conclude that timely objections to the magistrate Judges report and recommendation were filed, there is a final judgment before this court, and the district court had jurisdiction over the federal claims and pendent jurisdiction over the state law claims. We therefore reverse the district courts dismissal of the Complaint, affirm the district courts denial of the Funds request for injunctive relief, and remand for further proceedings.