United States First Circuit

In a dispute involving withdrawal liability for the pro rata share of unfunded vested benefits to a multiemployer pension fund of a bankrupt company, summary judgment for plaintiff-private equity funds is: 1) reversed in part and remanded, where the district court erred in ending the potential claims against the plaintiff-private equity funds by entering summary judgment for them under the "trades or businesses" aspect of the two-part "control group" test under 29 U.S.C. section 1301(b)(1), and the "trade or business" requirement has been satisfied as to Sun Fund IV; 2) vacated in part and remanded for further factual development as to plaintiff Sun Fund III under the control group test; and 3) affirmed in part, where the district court was correct to enter summary judgment in favor of the plaintiff-private equity funds on defendant-pension fund's claim of liability on the ground that the funds had engaged in a transaction to evade or avoid withdrawal liability.

Appellate Information

• Decided 07/24/2013
• Published 07/24/2013

Judges

• LYNCH

Court

• United States First Circuit

Counsel