United States Second Circuit

In a dispute involving an employer's contributions to an employee benefit plan, district court judgment is affirmed where defendant's failure to make the required contributions to the plan did not constitute a breach of a fiduciary duty, as defendant's unpaid contributions were not assets and thus defendant was not a fiduciary over the funds and not personally liable for any loss resulting from his conduct.

Appellate Information

• Decided 05/11/2009
• Published 05/11/2009

Judges

• B.D. Parker, Jr., Circuit Judge:, Before B.D. PARKER, LIVINGSTON, Circuit Judges, CHIN, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• William Pozefsky, Pozefsky, Bramley & Murphy, Albany, NY, for Plaintiffs-Appellants., Gregory F. Jacob, Timothy D. Hauser, Nathaniel I. Spiller, & Bruce C. Canetti, United States Department of Labor, Amicus Curiae in Response to the Court's Request.


• For Appellees:
  
• Brian P. Rohan, Rohan & Associates, Albany, NY, for Debtor-Appellee.