Legal Opinion
Constantinos Xaros v. U.S. Fidelity and Guaranty Company and Darin & Armstrong, Inc., a Foreign Corporation
Court of Appeals for the Eleventh Circuit
Decided July 7, 1987No. 86-5172PublishedCited by 105 opinions
1Opinion of the Court
ATKINS, Senior District Judge:
This case presents the question of whether subcontractors and their sureties who are not signatories to a collective bargaining agreement are employers under the Employment Retirement Income Security Act of 1974 (ERISA), Section 502, 29 U.S.C. § 1132(a)(3) (1974). The district court held that nonsignatory subcontractors and their sureties are not, and dismissed the case for lack of subject matter jurisdiction. We AFFIRM.
The facts in this case are uncomplicated. Landmark is a Florida corporation engaged in the construction business. It is a signatory to collective…
2Cases cited12 opinions
- Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal.Supreme Court of the United States · 1983
- Aldinger v. HowardSupreme Court of the United States · 1976
- Johnson v. Manhattan Railway Co.Supreme Court of the United States · 1933
- United Steelworkers of America v. R. H. Bouligny, Inc.Supreme Court of the United States · 1965
- Lillian Yanks Rehmar v. Bernard L. SmithCourt of Appeals for the Ninth Circuit · 1977
7 more not listed; retrieve them via the Exa API.
3Cited by105 opinions
- Greenblatt v. Delta Plumbing & Heating Corp.Court of Appeals for the Second Circuit · 1995
- Farese v. SchererCourt of Appeals for the Eleventh Circuit · 2003
- Ragan v. Tri-County Excavating, Inc.Court of Appeals for the Third Circuit · 1995
- Lenon v. St. Paul Mercury InsuranceCourt of Appeals for the Tenth Circuit · 1998
- Trustees of the Screen Actors Guild-Producers Pension & Health Plans v. NYCA, Inc.Court of Appeals for the Ninth Circuit · 2009
100 more not listed; retrieve them via the Exa API.