New Case Highlights Importance of Analyzing Personal Jurisdiction in ERISA’s...
The Tenth Circuit Court of Appeals recently issued a decision that may make it harder for multiemployer pension funds to collect withdrawal liability: GCIU-Employer Retirement Fund v. Coleridge Fine...
View ArticleFederal Court Appoints a Traditional Labor and Pension Arbitrator, Rather...
Under ERISA, withdrawal liability disputes are subject to mandatory arbitration. The parties are tasked with mutually selecting the arbitrator, but if they reach an impasse in the selection process, a...
View ArticleAnother Federal Court Refuses To Excuse An Employer From Making Interim...
Bd. of Trs. of Pacific Coast Pension Plan v. Petersen-Dean, Inc., Civ. Action No. 18–6824, 2020 WL 2404613 (N.D. Cal. May 12, 2020) is the latest court decision to reject an employer’s argument in...
View ArticleFederal Court Upholds Actuary’s Use of Discount Rate in Withdrawal Liability...
In recent years, employers have increasingly brought challenges claiming that it is unreasonable for a multi-employer pension plan’s actuary to calculate withdrawal liability using a rate that is lower...
View ArticleIndividual Owners Held Personally Responsible for Withdrawal Liability Based...
The Seventh Circuit recently issued an important decision imposing personal liability on individuals for certain debts of their company pursuant to ERISA’s controlled group rules. In Local 705 Int’l...
View ArticleThird Circuit Affirms $96 Million Withdrawal Liability Award Against Renco
In a major win for the Steelworkers Pension Trust (SPT), the U.S. Court of Appeals for the Third Circuit upheld an award totaling $96 million in withdrawal liability and additional statutory penalties...
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