Justia Civil Procedure Opinion Summaries

Some members of the United Brotherhood of Carpenters (Union), an unincorporated association of carpenters, volunteered to help build a barn for Birchwood Conservation Center, a non-profit organization, but failed to complete the barn. Birchwood filed a complaint alleging breach of contract or promissory estoppel. The trial court dismissed Birchwood’s action for lack of standing. Birchwood then filed an amended complaint substituting four new party plaintiffs who did possess standing. The trial court dismissed the new plaintiffs’ claims, concluding that the Union could not be sued because it was a voluntary association. The court of appeals reversed, determining that the Union waived the defense of lack of capacity to be sued. The Supreme Court reversed the judgment of the court of appeals and reinstated the trial court’s dismissal of the case, holding that, under the facts of this case, the Union did not waive the defense of lack of capacity to be sued. View "United Brotherhood of Carpenters v. Birchwood Conservancy" on Justia Law