United States Third Circuit

In plaintiff's suit, on behalf of employee benefit funds established pursuant to ERISA, to recover unpaid contributions from defendant as successor employer to the original signatory, district court's grant of defendant's motion for summary judgment in concluding that defendant was not a continuation of the former company is vacated and remanded as, a purchaser of assets may be liable for a seller's delinquent ERISA fund contributions to vindicate important federal statutory policy where the buyer had notice of the liability prior to the sale and there exists sufficient evidence of continuity of operations between the buyer and seller.

Appellate Information

• Argued 09/15/2010
• Decided 01/21/2011
• Published 01/21/2011

Judges

• SLOVITER

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Jo Bennett, Melissa C. Angeline