Eighth Circuit Affirms Award of Delinquent Contributions and Attorney’s Fees to Trustees of Five Multi-Employer Fringe Benefit Funds
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…
Ninth Circuit Finds California’s State-Managed Individual Retirement Account Program Is Not Preempted by ERISA
With the growing number of government-run auto-enrollment retirement savings programs, the Ninth Circuit decided “a novel and important question:” whether ERISA preempts the California law which creates CalSavers, a state-managed…
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