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Pensions Arbitration Employment Litigation

Proskauer - Employee Benefits & Executive...

District Court Holds Pension Fund Misapplied Prior Partial Withdrawal Liability Credit

A federal district court in Illinois became the first court to rule that an employer’s credit for a prior partial withdrawal should be applied at the end of the statute’s “waterfall” for calculating withdrawal liability. The...more

Jackson Lewis P.C.

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

Jackson Lewis P.C. on

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

Proskauer - Employee Benefits & Executive...

District Court Holds Withdrawal Liability Claim Not Barred by Employer’s Dissolution

In Central States, Southeast & Southwest Areas Pension Fund v. Sheets Enterprise, No. 24 cv 2277 (N.D. Ill.), a district court held that an employer could not avoid being held liable for withdrawal liability simply because it...more

Conn Maciel Carey LLP

CMC Attorney Mark Trapp Secures Favorable Ruling in $23M Pension Dispute

Conn Maciel Carey LLP on

In 2017, Consumers partially withdrew from the Central States, Southeast and Southwest Areas Pension Fund. The fund said the company owed $11.3 million (or monthly payments of $42,200 for 20 years) for its share of the fund’s...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Second Circuit Renders Important Decision on Vested Retiree Benefits

In a significant ruling on February 5, 2025, the U.S. Court of Appeals for the Second Circuit addressed the enforceability of an arbitration provision in an expired collective bargaining agreement (CBA) in the case of Xerox...more

Seyfarth Shaw LLP

Seventh Circuit Says: Clear Error Standard Applies To Court Review Of Withdrawal Liability Arbitrator’s CBA Interpretation

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Seventh Circuit has now applied a clear error standard of review to a withdrawal liability arbitrator’s interpretation of a collective bargaining agreement, thus enhancing the role of the arbitrator in...more

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