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First Circuit Finds Union Dispute with Employer Over 401(k) Plan Matching to Be Arbitrable Under CBA

First Circuit Finds Union Dispute with Employer Over 401(k) Plan Matching to Be Arbitrable Under CBA

In Johnson Controls Security Solutions, LLC v. International Brotherhood of Electrical Workers, Local 103, No. 21-1460, _F.4th_, 2022 WL 262963 (1st Cir. Jan. 28, 2022), the First Circuit reversed the…

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Second Circuit Rules Against Teamsters Retirement Fund in Claim for Withdrawal Liability Owed by Bankrupt Retail Grocery Operation

In New York State Teamsters Conf. Pension & Ret. Fund v. C & S Wholesale Grocers, Inc., No. 20-1185-CV, __F.4th__, 2022 WL 244144 (2d Cir. Jan. 27, 2022), a dispute…

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Second Circuit: Pension Plan’s Amendment Reducing Benefits Applies to Pensioner Who Submitted Claim for Disability Pension Before Amendment Effective Date

Cannady v. Bd. of Trustees of the Boilermaker-Blacksmith Nat’l Pension Tr., Boilermaker-Blacksmith Nat’l Pension Tr., No. 20-3141-CV, 2022 WL 151298 (2d Cir. Jan. 18, 2022) involves a dispute over the…

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Third Circuit Lacks Jurisdiction Over Interlocutory Appeal of Order Finding ERISA Governs DuPont Pension Trust

In Wright v. Elton Corporation, et al., No. 20-3343, 2021 WL 5822306 (3d Cir. Dec. 7, 2021), the Third Circuit dismissed for lack of jurisdiction the interlocutory appeal of First…

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Second Circuit Holds Union Trustees Were Not Acting as Fiduciaries When They Passed Invalid Amendments to Multiemployer Plans

In Massaro v. Palladino, No. 20-1807, __F.4th__, 2021 WL 5570814 (2d Cir. Nov. 30, 2021), involving an “acrimonious dispute” between the Union and Employer Trustees of two employee benefit plans…

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Sixth Circuit Vacates Withdrawal Liability Award for Redetermination of Interest Rate and Assessment of Partial-Withdrawal Liability

Sofco Erectors, Inc. v. Trustees of Ohio Operating Engineers Pension Fund, No. 20-3639, __F.4th__, 2021 WL 4434226 (6th Cir. Sept. 28, 2021) is a dispute involving the payment of withdrawal liability…

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