Thank you for sharing!

Your article was successfully shared with the contacts you provided.

The full case caption appears at the end of this opinion.

Posner, Circuit Judge. This appeal presents a tangle of jurisdictional, equitable, and labor- law issues. The plaintiffs are members of a local of the electricians union who are on the outs with the local’s current business manager (that is, president), Mike Fitzgerald. They brought this suit under section 302 of the Taft-Hartley Act, 29 U.S.C. sec. 186, which forbids union officers to solicit employer contributions, against the local, Fitzgerald, and the “Unified Social Club,” a social organization of members of the local. The suit charges that Fitzgerald solicited and received tens of thousands of dollars in contributions to the Club from employers with which the local bargains, the purpose being to solidify Fitzgerald’s hold over the union by enabling the Club to provide attractive social outings for union members. Fitzgerald created the Unified Social Club, and it is closely identified with him and his faction of the local. The more lavish its outings, the more likely he is to be reelected business manager. The plaintiffs moved for a preliminary injunction forbidding the defendants to solicit or receive contributions to the Unified Social Club from employers doing business with the local. In September, the defendants submitted an offer of judgment under Rule 68 of the Federal Rules of Civil Procedure. The essence of the offer was that the preliminary injunction would be made permanent, but that the offer was not to be construed as an admission of liability. Rule 68 offers are much more common in money cases than in equity cases, but nothing in the rule forbids its use in the latter type of case. Liberty Mutual Ins. Co. v. EEOC, 691 F.2d 438, 439-40 (9th Cir. 1982) (a case much like this); People v. Operation Rescue National, 80 F.3d 64, 68 (2d Cir. 1996); Goodheart Clothing Co. v. Laura Goodman Enterprises, Inc., 962 F.2d 268, 270-71 (2d Cir. 1992); Spencer v. General Electric Co., 894 F.2d 651, 655 and n. 5 (4th Cir. 1990), overruled on other grounds, Farrar v. Hobby, 506 U.S. 103 (1992); RCA/Ariola Int’l, Inc. v. Thomas & Grayston Co., 845 F.2d 773, 780- 81 (8th Cir. 1988).

Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

Pennsylvania Legal Awards (PALA) 2023

June 14, 2023

The Legal Intelligencer honors lawyers leaving a mark on the legal community in Pennsylvania with their dedication to law.

Learn More

Consulting Top Consultants 2023

June 15, 2023
New York, NY

Consulting Magazine identifies consultants that have the biggest impact on their clients, firms and the profession.

Learn More

Southeastern Legal Awards (SLA) 2023

June 22, 2023

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.

Learn More

Enterprise Applications Engineer

COLE SCHOTZ P.C.ENTERPRISE APPICATIONS ENGINEER: NEW JERSEY OFFICE: Prominent mid-Atlantic law firm with multiple regional office locations...

Apply Now ›

Litigation Paralegal

COLE SCHOTZ P.C.LITIGATION PARALEGAL - NEW JERSEY OFFICE: Prominent mid-Atlantic law firm with multiple regional office locations seeks ...

Apply Now ›

Trusts and Estates Associate Milford, CT

The Law Offices of Charles L. Kurmay seeks an associate attorney. While we have locations in Milford, and Madison, CT, and a presence in the...

Apply Now ›



Lawyers of Distinction would like to announce...

View Announcement ›



It is our privilege & honor to announce the addition of Steven H. Cohen, Patricia Z. Boguslawski, Evan D. Baker & Kelly A. Conlon as new partners of DAVIS, SAPERSTEIN & SALOMON, P.C.

View Announcement ›



FERRO LABELLA & WEISS LLC would like to announce that....

View Announcement ›