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LAFOREST v. HONEYWELL INTERN. INC.

Docket No. 06-5712-cv.

569 F.3d 69 (2009)

James LAFOREST, Henrietta Lafrinere, Robert Lintz, Ralph Miner, Laverne Spencer and Irene Wesolowski, Plaintiffs-Appellees, v. HONEYWELL INTERNATIONAL INC., Defendant-Third-Party-Plaintiff-Appellant, Motor Components, L.L.C., Bam Enterprises Incorporated, Mark IV Industries, Inc., Arvinmeritor, Inc. and Purolator Products Company, Third-Party-Defendants, Former Clean Air Holding Company, Cross-Defendant.

United States Court of Appeals, Second Circuit.

Decided: June 18, 2009.

Attorney(s) appearing for the Case

William A. Wertheimer, Jr., Bingham Farms, MI, for Plaintiffs-Appellees.

Joseph J. Costello (Tamsin J. Newman, of counsel), Morgan, Lewis & Bockius LLP, Philadelphia, PA, for Defendant-Third-Party-Plaintiff-Appellant.

Chief Judge JACOBS concurs in part and dissents in part in a separate opinion.

SACK, Circuit Judge:

The defendant, Honeywell International, Inc., ("Honeywell") appeals from a judgment of the United States District Court for the Western District of New York (Michael A. Telesca, Judge) in order to challenge the court's award of an attorney's fee1 against it. The underlying action was brought to enforce an employer's 1976 undertaking to guarantee an undiminished level of benefits to employees of three unionized...

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