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Withdrawal Liability: Third Circuit Paves New Path for Pension Funds to Collect from Affiliated Employers

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

Seventh Circuit Orders Pension Fund to Return Withdrawal Liability to Employer

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

Withdrawal Liability and The Building and Construction Industry Exception

Withdrawal liability is a statutory obligation under the Employee Retirement Income Security Act (ERISA) that any unionized employer may have to confront. Exemptions from liability include one applicable to construction...more

Third Circuit Upholds Withdrawal Liability Arbitral Award Under MPPAA’s Evade Or Avoid Provision

Under the provisions of the Employee Retirement Income Security Act (“ERISA”) as modified by the Multiemployer Pension Plan Amendments Act of 1980 (“MPPAA”), an employer who withdraws from a multiemployer pension plan is...more

Multiemployer Pension Plans: Potential Successor Liability From Buyer’s Attempts To Continue Seller’s Business

The district court erred in finding a multiemployer pension plan did not show sufficient continuity of business operations to support imposing successor liability on an asset purchaser, the federal appeals court in Chicago...more

High Court Orders Sixth Circuit To Clean Up Its Retiree Health Benefits Case Law ‘Mess’

Collective bargaining agreements, including those that establish ERISA plans, should be interpreted according to ordinary principles of contract law, the U.S. Supreme Court has reaffirmed in a per curiam opinion. CNH...more

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