Masonry Institute, Bricklayers Local 21 Pension Fund, and Bricklayers Local 21 of Illinois Apprenticeship and Training Program v. Bernard McNeela Individually and D/B/A McNeela Construction

Citations: 52 F.3d 328; 1995 U.S. App. LEXIS 18577; 1995 WL 230336Docket: 94-1617

Court: Court of Appeals for the Seventh Circuit; April 17, 1995; Federal Appellate Court

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Bernard McNeela, the appellant in the case against Masonry Institute, Bricklayers Local 21 Pension Fund, and Bricklayers Local 21 of Illinois Apprenticeship and Training Program, appealed a district court's summary judgment which mandated an accounting of his contributions under a collective bargaining agreement. The case was grounded in jurisdiction provided by the Employee Retirement Income Security Act (ERISA) and the Labor Management Relations Act.

Following oral arguments on November 15, 1994, McNeela's attorney, John O. Tuohy, informed the court of McNeela's death, subsequently filing a motion to strike the oral argument. The court denied this motion and required Tuohy to seek clarification from McNeela's estate regarding his authority to continue the appeal. Subsequent status reports indicated that no estate had yet been opened for McNeela, and efforts were underway by the family's attorney to execute McNeela's will.

As of the latest status report, no representative had been appointed to act on McNeela's behalf, and no motion for substitution had been filed. The court expressed concern about the appeal's status and indicated that without a motion for substitution within a reasonable timeframe, it could dismiss the appeal based on McNeela's death. The court allowed 30 days for McNeela's successors to demonstrate why the appeal should not be dismissed and relieved Tuohy from further reporting obligations.