Opinion · Supreme Court of the United States

Schwarcz v. Schwarcz

112 L. Ed. 2d 31

Type
Opinion
Court
Supreme Court of the United States
Jurisdiction
Federal
Date
1990-10-01
Topic
general

holding that in adopting the City’s budget, the Mayor of the City of Baltimore acted in a legislative capacity, and thus, enjoyed absolute legislative immunity from suit | limit on a party’s right to choose a bargaining representative only exists when a party attempts to withdraw from multi-employer bargaining after negotiations have begun | A settlement “cannot prejudice the rights of persons who are strangers to the proceeding, even though they may have actual knowledge of the settlement or the underlying litigation.” | the "function performed by the Board [in submitting a proposed budget to the City Council for passage] and not the titles of its members, is determinative of whether a given task is legislative or executive in nature for immunity purposes" | “private lawsuits are secondary in the statutory scheme”

Citator

Cited by
39 opinions

Super. Ct. Pa. Certiorari denied.