Eighth Circuit Affirms District Court’s Award of Prejudgment Interest, Liquidated Damages and Attorneys’ Fees to Welfare and Pension Plans
Eighth Circuit Affirms District Court’s Award of Prejudgment Interest, Liquidated Damages and Attorneys’ Fees to Welfare and Pension Plans
In Marshall v. Anderson Excavating & Wrecking Co., No. 19-3040, __F.4th__, 2021 WL 3436326 (8th Cir. Aug. 6, 2021), Plaintiffs, a union and trustees of a welfare and pension plan,…
Eighth Circuit Affirms Award of Delinquent Contributions and Attorney’s Fees to Trustees of Five Multi-Employer Fringe Benefit Funds
In Nesse as Trustees of Minnesota Laborers Health & Welfare Fund v. Green Nature-Cycle, LLC, No. 20-2365, __F.4th__, 2021 WL 3412123 (8th Cir. Aug. 5, 2021), Plaintiffs are trustees of…
Seventh Circuit: No Standalone Federal Cause of Action to Impose Successor Liability for Delinquent ERISA Plan Contributions
In Cent. Illinois Pipe Trades Health & Welfare Fund v. Prather Plumbing & Heating, Inc., No. 20-2525, __F.4th __, 2021 WL 2819035 (7th Cir. July 7, 2021), the Seventh Circuit…
In Withdrawal Liability Dispute, Seventh Circuit Reaffirms Presumption That Leasing Property to a Withdrawing Employer Is a Trade or Business
In Loc. 705 Int’l Bhd. of Teamsters Pension Fund v. Pitello, No. 20-2142, __F.4th__, 2021 WL 2818326 (7th Cir. July 7, 2021), a dispute over unpaid withdrawal liability, the Plaintiff…
Fifth Circuit Affirms Denial of Retirement Benefits and Dismissal of ERISA-estoppel Claim
In Clark v. Certainteed Salaried Pension Plan, et al., No. 20-30059, __F.App’x__, 2021 WL 2620557 (5th Cir. June 24, 2021), Plaintiff-Appellant Terry Clark sought retirement benefits under the Saint-Gobain Retirement…
Fifth Circuit Affirms Denial of Deceased Ex-Spouse’s Retirement Benefits
In Chetlin v. Exxon Mobil Oil Corporation, No. 20-20641, __F.App’x__, 2021 WL 2492771 (5th Cir. June 17, 2021), Plaintiff-Appellant Medora Chetlin filed suit under ERISA against Defendant Exxon Mobil Oil…
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