United States Seventh Circuit

In an ERISA dispute over the rate of contribution by an employer to union welfare and pension funds, sua sponte dismissal of the action is reversed where: 1) a forum selection clause including an arbitration clause is a waivable defense that defendant did, in fact, waive; and 2) defendant was entitled to summary judgment where collective bargaining agreements did not give the funds the authority to raise the contribution rates until a "renewed term" had been ushered in by the signing of a new CBA.

Appellate Information

• Argued 05/21/2007
• Decided 09/18/2007
• Published 09/18/2007

Judges

• WOOD, Circuit Judge., Before RIPPLE, WOOD, and EVANS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Steven F. McDowell (argued), Donald D. Schwartz, Arnold & Kadjan, Chicago, IL, for Plaintiff-Appellant.


• For Appellees:
  
• Eric J. Pelton (argued), Kienbaum, Opperwall, Hardy & Pelton, Birmingham, MI, for Defendant-Appellee.