United States Third Circuit
SUPERVALU, Inc. v. Bd. of Trs. of the S.W. Pa. and W. Md. Area Teamsters and Employers Pension Fund, 06-3829
Read SUPERVALU, Inc. v. Bd. of Trs. of the S.W. Pa. and W. Md. Area Teamsters and Employers Pension Fund, 06-3829
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In an action brought against a wholesale food distributor that was a contributing employer to an ERISA-governed defined benefit multiemployer pension plan involving the distributor's liability for its withdrawal from the plan, summary judgment for the distributor setting aside an arbitrator's award against it is reversed as the distributor violated ERISA section 4212(c) by entering into a Termination Agreement with a union, and its principal purpose was to escape its withdrawal liability.
Appellate Information
- Argued 05/17/2007
- Decided 08/29/2007
- Published 08/29/2007
Judges
- Before: FISHER and ROTH, Circuit Judges, and RAMBO, District Judge.
Court
- United States Third Circuit
Counsel
- For Appellant:
- Vince P. Szeligo (Argued), Brendan Delaney, Wick, Streiff, Meyer, O'Boyle & Szeligo, Pittsburgh, PA, Attorneys for Appellant.
- For Appellees:
- Thomas M. Christina (Argued), Ogletree, Deakins, Nash, Smoak & Stewart, Greenville, SC, Attorneys for Appellee.