Legal Opinion

Trucking Employees of North Jersey Welfare Fund, Inc. v. Bellezza Co.

Court of Appeals for the Third Circuit

Decided February 6, 2003No. 02-1128PublishedCited by 12 opinions

1Opinion of the Court

OPINION OF THE COURT

ALDISERT, Circuit Judge.

This appeal by the Estate of Alfonso Bellezza presents a question under the so-called “evade or avoid” provision of the Multiemployer Pension Plan Amendments Act of 1980 (MPPAA), 29 U.S.C. § 1392(c). Along with Bellezza Company Inc., XYZ Corporation, AA & L Bellezza (a New Jersey partnership), Anthony Bellezza and Leonard Bellezza, Sr., Appellant has been sued by the trustees of the Trucking Employees of North Jersey Welfare Fund— the administrator of a pension fund as defined under the Employee Retirement Income Security Act of 1974 (“ERISA”).

After…

2Cases cited6 opinions

  1. Building Service Local 47 Cleaning Contractors Pension Plan, (93-4133) v. Grandview Raceway, Northeast Ohio Harness, (93-3998/4054)Court of Appeals for the Sixth Circuit · 1995
  2. The Flying Tiger Line, a Delaware Corporation, Tiger International, Inc., a Delaware Corporation, Warren Transport, Inc., an Iowa Corporation, & Counterdefendants v. Teamsters Pension Trust Fund of Philadelphia and Vicinity, A/K/A Teamsters Pension Plan of Philadelphia and Vicinity, and Charles J. Schaffer, Jr., Counterplaintiffs v. Central States, Southwest and Southeast Areas Pension Fund, a Multiemployer Pension Plan, Teamsters Pension Trust Fund of Philadelphia and Vicinity, a Multiemployer Pension Plan, Western Pennsylvania Teamsters and Employers Pension Fund, a Multiemployer Pension Plan, Teamsters Local 641 Pension Fund, a Multiemployer Pension Plan, and Central Pennsylvania Teamsters Pension Fund, a Multiemployer Pension Plan, Each Sued Individually and as a Member of a Class of Similarly Situated Multiemployer Pension Plans Who Assert Withdrawal Liability, Against Hall's Motor Transit Company, Under the Multiemployer Pension Plan Amendments Act of 1980. Appeal of the Flying Tiger Line, Inc., Tiger International Inc. And Warren Transport, Inc.Court of Appeals for the Third Circuit · 1987
  3. Galgay v. Beaverbrook Coal CompanyCourt of Appeals for the Third Circuit · 1997
  4. United Retail & Wholesale Employees Teamsters Union Local No. 115 Pension Plan v. Yahn & Mc Donnell, Inc.Court of Appeals for the Third Circuit · 1986
  5. Ryan v. Asbestos Workers Union Local 42 Pension FunCourt of Appeals for the Third Circuit · 2002

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3Cited by12 opinions

  1. Ambrose v. Citizens National Bank of Evans CitySuperior Court of Pennsylvania · 2010
  2. NEW JERSEY BUILDING LABORERS' STATEWIDE PENSION FUND AND TRUSTEES THEREOF v. RIVER DRIVE COMPANIES, LLC.District Court, D. New Jersey · 2019
  3. SHEET METAL WORKERS' HEALTH & WELFARE FUND OF LOCAL NO. 19 v. INVISION SIGN LLCDistrict Court, E.D. Pennsylvania · 2020
  4. SHEET METAL WORKERS' HEALTH & WELFARE FUND OF LOCAL NO. 19 v. INVISION SIGN LLCDistrict Court, E.D. Pennsylvania · 2020
  5. TRUSTEES OF INTERNATIONAL UNION OF PAINTERS AND ALLIED TRADES DISTRICT COUNCIL 711 HEALTH & WELFARE FUND v. BRITE-PAINTING & DECORATING CO., INC.District Court, D. New Jersey · 2020

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