Ninth Circuit Confirms Settlement Agreement with Pension Fund Was a Non-Assignable “Financial Accommodation”
Ninth Circuit Confirms Settlement Agreement with Pension Fund Was a Non-Assignable “Financial Accommodation”
In In re Svenhard’s Swedish Bakery, No. 23-60045, ---F.4th----, 2025 WL 2627837 (9th Cir. Sept. 12, 2025), the Ninth Circuit Court of Appeals addressed whether a bankrupt employer could assume…
Third Circuit Upholds PBGC Regulations on ARPA Pension Assistance and Confirms Contractual Withdrawal Liability Obligations
In In re Yellow Corporation, No. 25-1421, ---F.4th----, 2025 WL 2647752 (3rd Cir. 2025) (Before: Shwartz, Montgomery-Reeves, and Ambro, Circuit Judges), the Third Circuit addressed significant issues at the intersection…
Ninth Circuit Rules That Factual Disputes Preclude Summary Judgment in Withdrawal Liability Case
In Pension Plan for Pension Trust Fund for Operating Engineers; et al. v. Plant, No. 24-1499, 2025 WL 2612765 (9th Cir. Sept. 10, 2025) (Before: Berzon, Friedland, and Mendoza, Circuit…
Eleventh Circuit Affirms Liability for Breach of Top Hat Plan Terms Where Lump-Sum Payouts Reduced Promised Lifetime Annuities
In Hoak v. Ledford, No. 24-12148, ---F.4th----, 2025 WL 2450919 (11th Cir. Aug. 26, 2025) (Before: Jordan and Newsom, Circuit Judges, and Honeywell, District Judge), the Eleventh Circuit addressed whether…
Federal Circuit Rejects Pensioners’ Takings Challenge to MPRA Benefit Reductions
In King v. United States, No. 2023-1956, ---F.4th----, 2025 WL 2382871 (Fed. Cir. Aug. 18, 2025), the Federal Circuit confronted a challenge brought by a certified class of pensioners under…
Sixth Circuit Finds Pension Fund Violated ERISA By Using Artificially Low Interest Rate to Inflate Withdrawal Liability
In Ace-Saginaw Paving Co. v. Operating Eng’rs Loc. 324 Pension Fund, No. 24-1288, ---F.4th----, 2025 WL 2238023 (6th Cir. Aug. 6, 2025), the Sixth Circuit upheld a ruling that a…
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