Appeals, Retirement Plan, Employer Liability Issues

Withdrawal Liability Collection Scope Expanded

Jackson Lewis P.C. on 5/20/2025

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

Seventh Circuit Affirms that Employer’s Withdrawal Liability Cannot Be Based on Post-Rehabilitation Plan Contribution Increases

Proskauer - Employee Benefits & Executive... on 5/12/2025

We recently reported on a district court decision holding that the Central States Pension Fund’s calculation of withdrawal liability should not have included contribution rate increases imposed after the Fund’s implementation...more

Multiemployer Pension Plan Alert: Evergreen Clauses May Trump the Bargaining Parties’ Subsequent Agreement

Faegre Drinker Biddle & Reath LLP on 2/17/2023

The U.S. Court of Appeals for the Seventh Circuit recently ruled that Central States, Southeast and Southwest Areas Pension Fund may continue its lawsuit against Transervice Logistics, Inc. and Zenith Logistics, Inc. seeking...more

Fourth Circuit Sides With EEOC: Back Pay Damages Are Mandatory Under The ADEA

Seyfarth Shaw LLP on 9/24/2018

Seyfarth Synopsis: Although back pay has been awarded in Age Discrimination in Employment Act (ADEA) cases for quite some time, few courts have specifically addressed whether these damages are discretionary or mandatory. In...more

Ninth Circuit’s Expansion of Successor Liability May Make Asset Purchases More Costly

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/14/2018

On June 1, 2018, the U.S. Court of Appeals for the Ninth Circuit ruled that an asset purchaser that was deemed a successor was liable to pay the seller’s withdrawal liability even though the purchaser did not have actual...more

Appeals › Retirement Plan › Employer Liability Issues

Withdrawal Liability Collection Scope Expanded

Seventh Circuit Affirms that Employer’s Withdrawal Liability Cannot Be Based on Post-Rehabilitation Plan Contribution Increases

Multiemployer Pension Plan Alert: Evergreen Clauses May Trump the Bargaining Parties’ Subsequent Agreement

Fourth Circuit Sides With EEOC: Back Pay Damages Are Mandatory Under The ADEA

Ninth Circuit’s Expansion of Successor Liability May Make Asset Purchases More Costly

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