United States Fourth Circuit

Summary judgment for plaintiff pension fund, granting award of six-figure assessment and attorney fees against defendant for withdrawal liability after it sold its assets and ceased contributing to the pension fund, is affirmed as defendant waived its right to challenge withdrawal liability by not pursuing arbitration.

Appellate Information

• Decided 11/29/2006
• Published 11/29/2006

Judges

• Before NIEMEYER, Circuit Judge, HAMILTON, Senior Circuit Judge, and HENRY F. FLOYD, United States District Judge for the District of South Carolina, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Jason Herbert Ehrenberg, Bailey & Ehrenberg, P.L.L.C., Washington, D.C., for Appellant.  Marc H. Rifkind, Slevin & Hart, Washington, D.C., for Appellee.   ON BRIEF:  C. Wayne Owen, Jr., Slevin & Hart, Washington, D.C., for Appellee.