Legal Opinion
DiGeronimo Aggregates, LLC v. Michael Zemla
Court of Appeals for the Sixth Circuit
Decided August 14, 2014No. 13-4389PublishedCited by 70 opinions
1Opinion of the Court
OPINION
GRIFFIN, Circuit Judge.
Plaintiff, an employer who contributes to a multiemployer pension plan governed by the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. §§ 1001-1461, filed a complaint against defendants, trustees of that plan, alleging that they negligently managed the plan, causing plaintiff to suffer an increased withdrawal liability when a majority of contributing employers withdrew from the plan. The district court granted defendants’ Rule 12(b)(6) motion to dismiss, holding that there was no substantive basis for plaintiffs negligence claim in any section of…
2Cases cited23 opinions
- Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal.Supreme Court of the United States · 1983
- Shaw v. Delta Air Lines, Inc.Supreme Court of the United States · 1983
- Massachusetts Mutual Life Insurance v. RussellSupreme Court of the United States · 1985
- Concrete Pipe & Products of Cal., Inc. v. Construction Laborers Pension Trust for Southern Cal.Supreme Court of the United States · 1993
- Pension Benefit Guaranty Corporation v. RA Gray & Co.Supreme Court of the United States · 1984
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3Cited by70 opinions
- Pension Benefit Guaranty Corp. v. Findlay Indus., Inc.Court of Appeals for the Sixth Circuit · 2018
- Elbeco Inc. v. National Retirement FundDistrict Court, E.D. Pennsylvania · 2015
- United Food & Commercial Workers Union-Employer Pension Fund v. Rubber Associates, Inc.Court of Appeals for the Sixth Circuit · 2016
- Robert Cox v. Total Quality Logistics, Inc.Court of Appeals for the Sixth Circuit · 2025
- Dairy v. Dairy Employees Union Local No. 17 Christian Labor Ass'n of the United States of America Pension TrustDistrict Court, E.D. California · 2015
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