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Second Circuit – UFCW Local One Pension Fund v. Enivel Properties, LLC
By: Daily Record Staff//July 27, 2015
Second Circuit – UFCW Local One Pension Fund v. Enivel Properties, LLC
By: Daily Record Staff//July 27, 2015//
Listen to this articleU.S. Court of Appeals for the Second Circuit
ERISA
Commonly Controlled Business – Withdrawal Liability
UFCW Local One Pension Fund v. Enivel Properties, LLC
14-3741-cv(L)
Judges Wesley, Livingston and Chin
Background: The plaintiffs commenced an action under the Employee Retirement Income Security Act seeking to recover withdrawal liability assessment of a business under common control with the defendant Enivel. The district court held that the defendant was not a “trade or business” and that withdrawal liability did not attach.
Ruling: The Second Circuit affirmed. The court held that a separate business organization cannot be held responsible for the liabilities of another commonly controlled entity under ERISA as amended by the Multiemployer Pension Plan Amendments Act.
Jeffrey S. Swyer, Barry S. Slevin, and Paul E. Knupp III of Slevin & Hart for the plaitniffs-appellants; Glenn E. Pezullo and William S. Levinson of Culley, Marks, Tanenbaum & Pezzulo for the defendant-appellee
Case Digests
- Fourth Department – Mental Hygiene Law: Charles L. v. State of New York
- Second Circuit – Medicaid and Medicare certification: U.S. ex rel. Quartararo v. Cath. Health Sys. Of Long Island Inc.
- Fourth Department – Waiver of indictment: People v. King
- Fourth Department – Speedy trial: People v. Jordan
- Fourth Department – Rosario material: People v. Dennard
- Second Circuit – Magnuson-Stevens Act: State of New York v. Raimondo
- Fourth Department – Plea: People v. Davis
- Second Circuit – Revocation of minimum sentence: Bangs v. Walter William Smith, et al.
- Fourth Department – Relation-back doctrine: CHS Inc. v. Land O’Lakes Purina Feed, et al.
- Fourth Department – Unlawful arrest: People v. Burke
- Fourth Department – Attempted criminal possession of a controlled substance: People v. Brown
- Second Circuit – Immigration: Paucar v. Garland
Law News
- N.Y. Court of Appeals reverses gun conviction
- NY board approves cannabis lawsuit settlements, paves way for retail dispensaries
- NY Court of Appeals reverses murder conviction because of illegal police search
- NY Court of Appeals reverses gun conviction over ineffective counsel
- Split court affirms gun conviction, finding search and arrest were legal
- NY appeals court vacates drug conviction over illegal police search
- Split Court of Appeals strips Police Accountability Board of disciplinary power
- Manslaughter conviction reversed after appeals court finds insufficient evidence
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