ERISA is widely regarded as a remedial statute. As a result, employers who are pursued by multiemployer pension plans for withdrawal liability face an uphill battle when trying to recoup attorneys’ fees (often substantial)...more
8/7/2025
/ Arbitration ,
Arbitration Awards ,
Attorney's Fees ,
Employee Retirement Income Security Act (ERISA) ,
ERISA Litigation ,
Federal Rules of Civil Procedure ,
Fee Disputes ,
Litigation Fees & Costs ,
Multiple Employer Plan (MEP) ,
Statutory Interpretation ,
Withdrawal Liability
Takeaway Related Links Article The Third Circuit’s recent ruling enhanced a pension fund’s ability to pursue withdrawal liability collection against affiliated employers. The decision underscores the evolving nature of ERISA,...more
5/20/2025
/ Appeals ,
Arbitration ,
Benefit Plan Sponsors ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employer Liability Issues ,
Fiduciary Duty ,
Pension Funds ,
Retirement Plan ,
Settlement Agreements ,
Withdrawal Liability
Holding a settlement agreement was a revised withdrawal liability assessment, the U.S. Court of Appeals for the Third Circuit rejected a group of dairy companies’ petition to dismiss a pension fund’s claim to enforce a $39...more
5/14/2025
/ Appeals ,
Arbitration ,
Collective Bargaining ,
Employee Benefits ,
Employment Litigation ,
Federal Labor Laws ,
Multi-Employer Pensions ,
Multiemployer Pension Plan Amendments Act (MPPAA) ,
Pensions ,
Retirement Plan ,
Settlement Agreements ,
Withdrawal Liability
An employer can contest a withdrawal liability assessment and ultimately prevail. That is the moral of Bulk Transport Corp. v. Teamsters Union No. 142 Pension Fund, No. 23-1563 (7th Cir. Mar. 22, 2024).
Withdrawal...more
For years, steep arbitration fees have made many employers think twice about contesting a questionable withdrawal liability determination. The Pension Benefit Guaranty Corporation’s (PBGC) approval of a lower fee schedule may...more
Employers who cease contributing to an ERISA multiemployer pension plan are liable for their allocable share of any underfunding, or “withdrawal liability.”...more