United States Third Circuit
Pittsburgh Mack Sales & Serv., Inc. v. Int'l Union of Operating Eng'r, Local Union No. 66, 07-3938
READ
In a case involving an agreement by a union to indemnify and hold harmless an employer for the employer's withdrawal liability to a pension plan under ERISA and the Multiemployer Pension Plan Amendment Act of 1980 (MPPAA), the existence of a union contract is not a jurisdictional requirement under section 301, and the case is ripe for adjudication. The district court's judgment is vacated and remanded where there are not enough "definite indications" of public policy in ERISA or the MPPAA to preclude an indemnification agreement between an employer and a third party for the employer's withdrawal liability, where the employer agrees that it will always remain primarily liable for the liability.
Appellate Information
- Decided 09/04/2009
- Published 09/04/2009
Judges
- Before: FISHER, CHAGARES, and HARDIMAN, Circuit Judges.
Court
- United States Third Circuit
Counsel
- For Appellant:
- James P. Thomas (Argued), Richard I. Thomas, Pepper Hamilton LLP, Pittsburgh, PA, for Appellant.
- For Appellees:
- Joshua M. Bloom (Argued), Joshua M. Bloom and Associates, P.C., Pittsburgh, PA, for Appellee.