Legal Opinion · Dissent
Board of Trustees of Trucking Employees of North Jersey Welfare Fund, Inc.-Pension Fund v. Kero Leasing Corp.
Court of Appeals for the Third Circuit
Decided July 12, 2004No. 03-2176, 03-2344, 03-3283, 03-3448Published
1DissentRosenn, Circuit Judge
The majority has fashioned a principle that eviscerates the intent of the Multiem-ployer Pension Plan Amendments Act of 1980 (“MPPAA” or “the Act”) and vitally undermines a pension fund’s ability to enforce its judgment against a defaulting employer. Although the MPPAA provides for a six-year statute of limitations within which to initiate suits for the determination of the underlying pension liability, it is silent with respect to enforcement of judgments, leaving that aspect to existing state and federal laws. The enforcement of judgments often requires prolonged investigations in an effort…
2Cases cited8 opinions
- Concrete Pipe & Products of Cal., Inc. v. Construction Laborers Pension Trust for Southern Cal.Supreme Court of the United States · 1993
- Don Ray Smith v. Cmta-Iam Pension TrustCourt of Appeals for the Ninth Circuit · 1984
- IUE AFL-CIO Pension Fund v. Barker & Williamson, Inc.Court of Appeals for the Third Circuit · 1986
- Gene Rettig v. Pension Benefit Guaranty CorporationCourt of Appeals for the D.C. Circuit · 1984
- 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
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