Legal Opinion
Feinberg v. RM ACQUISITION, LLC
Court of Appeals for the Seventh Circuit
Decided January 6, 2011No. 10-1890PublishedCited by 20 opinions
1Opinion of the Court
POSNER, Circuit Judge.
This appeal from the dismissal of a suit under ERISA requires us to consider the rights of participants in a retirement plan when the plan’s sponsor sells all the assets out of which plan benefits might be paid and distributes the proceeds of the sale, thereby becoming a shell, but the buyer does not assume any of the seller’s liabilities under the plan. Such cases are rare because retirement plans ordinarily must be funded, and a funded plan either would be transferred to the new company or would remain with the old company (with the plan’s funds intact), or would be…
2Cases cited22 opinions
- General Electric Capital Corporation v. Lease Resolution CorporationCourt of Appeals for the Seventh Circuit · 1997
- Golden State Bottling Co. v. National Labor Relations BoardSupreme Court of the United States · 1973
- Jim L. Woolsey v. Marion Laboratories, Inc. Marion Laboratories, Inc., Profit Sharing PlanCourt of Appeals for the Tenth Circuit · 1991
- Oppenheimer v. Prudential Securities Inc.Court of Appeals for the Fifth Circuit · 1996
- Raymond Leannais and Catherine Leannais v. Cincinnati, Incorporated and Cincinnati-Forte Company and Liberty Mutual Insurance CompanyCourt of Appeals for the Seventh Circuit · 1977
17 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Cynthia Larson v. United Healthcare Insurance CoCourt of Appeals for the Seventh Circuit · 2013
- Teamsters Local Union No. 705 v. Burlington Northern Santa Fe, LLCCourt of Appeals for the Seventh Circuit · 2014
- James Brooks v. Pactiv CorporationCourt of Appeals for the Seventh Circuit · 2013
- John Comrie v. IPSCO, IncorporatedCourt of Appeals for the Seventh Circuit · 2011
- Carlson v. Northrop Grumman Corp.District Court, N.D. Illinois · 2016
15 more not listed; retrieve them via the Exa API.