United States Seventh Circuit

In a suit under ERISA and the Taft-Hartley Act by the trustees of a multiemployer pension plan for an accounting and damages, summary judgment for defendant is affirmed where the defendant's course of conduct did not indicate that it was bound by the terms of a collective bargaining agreement requiring contributions to the plan, and defendant's admission in its answer that it was bound by the CBA was error and the district court properly allowed defendant to withdraw the admission in an amended pleading. Award of attorney's fees to defendant is affirmed where the suit was not substantially justified.

Appellate Information

• Argued 04/06/2007
• Decided 10/05/2007
• Published 10/05/2007

Judges

• POSNER, Circuit Judge., Before POSNER, FLAUM, and EVANS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• John W. Loseman (argued), Lewis, Overbeck & Furman, Chicago, IL, for Plaintiffs-Appellants.


• For Appellees:
  
• Renee Legrand Koehler (argued), Leslie J. Johnson, Andrews, Koehler & Passarelli, Lisle, IL, for Defendant-Appellee.