In a suit to recover investments after failed business dealings, an appeal of an order nullifying a prejudgment surety bond after the poster declared bankruptcy is dismissed where: 1) the district court’s Rule 54(b) certification of the order constituted an abuse of discretion since the order failed to meet either Rule 54(b)’s “party” or “claim” requirement; and 2) the bond issue did not rise to the level of importance needed for recognition under the collateral-order doctrine.
In a union and retirees’ action against the owner and operator of a copper smelter plant’s retirement plan seeking to compel arbitration of retirees’ benefits claims, summary judgment for plaintiffs, denial of defendant’s motion to stay, and an award of attorney’s fees is affirmed in part and remanded where: 1) the presumption of arbitrability applies in this case; 2) consequently, the district court did not err in granting summary judgment for the union, as the union’s interpretation of the relevant plan documents is at least a reasonable interpretation of the relevant language; 3) a request for arbitration was not untimely; 4) retirees are not excluded from the arbitration procedure; 5) neither the judicial estoppel nor the law of the case doctrines apply to bar the union from opposing defendant’s motion to stay; and 6) the fees award was not an abuse of discretion. The matter is remanded for further proceedings on what effect an automatic bankruptcy stay has on the fees awa! rd against the employer.
In a Chapter 7 bankruptcy case, a decision denying debtors a discharge is affirmed where, on the record before it, the bankruptcy court could properly find that debtors had engaged in a variety of unreported or otherwise deceitful transactions whose overriding purpose was to prevent plaintiffs from recovering any money from the debtors’ bankruptcy estate.