United States Ninth Circuit
Resilient Floor Covering Pension Fund v. M&M Installation, Inc., 09-17047
In an action on a theory of ERISA withdrawal liability, summary judgment for plaintiff is reversed where, assuming it is possible to be responsible on an alter ego theory, a non-union company may be liable when there is commonality between the union and nonunion firms and an abuse of the double-breasted structure to avoid payment of withdrawal liability.
Appellate Information
- Decided 12/22/2010
- Published 12/22/2010
Judges
- Pamela Ann Rymer
Court
- United States Ninth Circuit
Counsel
- For Appellant:
- Stephen T. Davenport, Katherine A. McDonough