United States Seventh Circuit

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Line Constr. Benefit Fund v. Allied Elec. Contractors, Inc., 09-1546

In an ERISA action by a multiemployer employee welfare fund (Plan) against an employer for deficient contributions, summary judgment in favor of the Plan is affirmed where: 1) the Plan properly brought suit under ERISA as Congress has provided that plans can sue and be sued and that fiduciaries may enforce substantive rights under 29 U.S.C. section 1132(e); and 2) the employer is liable for the deficient contributions for July, August, and December 2006, and January and February 2007, as it treats as irrelevant the fact that its course of conduct - making payments precisely in accordance with the 2005 collective bargaining agreement from the start - demonstrates its assent to that agreement.

Appellate Information

  • Decided 01/08/2010
  • Published 01/08/2010

Judges

  • WOOD, Circuit Judge., Before CUDAHY, WOOD, and TINDER, Circuit Judges.

Court

  • United States Seventh Circuit

Counsel

  • For Appellees:
  • Robert B. Greenberg, Librado Arreola, Asher, Gittler, Greenfield, & D'Alba, Chicago, IL, for Plaintiff-Appellee., James L. Holt, Jr., Timothy A. Perkins, Jackson, Sheilds, Yeiser & Holt, Cordova, TN, for Defendant-Appellant.