Legal Opinion
Carpenters Pension Trust Fund v. Michael Moxley
Court of Appeals for the Ninth Circuit
Decided August 20, 2013No. 11-16133PublishedCited by 24 opinions
1Opinion of the Court
OPINION
SCHROEDER, Circuit Judge:
INTRODUCTION
When contractors in the construction industry stop working under the terms of a collective bargaining agreement, but continue in business, they cannot simply stop making payments to the pension fund administered under that agreement. Pursuant to the Employee Retirement Income Security Act (“ERISA”), they are liable to the fund in the amount determined necessary to ensure payment of benefits to employees whose rights have vested. 29 U.S.C. §§ 1381, 1391. The issue in this appeal is whether that “withdrawal liability” is dischargeable in bankruptcy.…
2Cases cited9 opinions
- Stern v. MarshallSupreme Court of the United States · 2011
- Central Virginia Community College v. KatzSupreme Court of the United States · 2006
- Southwest Administrators, Inc. v. Rozay's Transfer, a California CorporationCourt of Appeals for the Ninth Circuit · 1986
- Executive Benefits Insurance Agency v. ArkisonCourt of Appeals for the Ninth Circuit · 2012
- Onkyo Europe Electronics GMBH v. Global Technovations Inc. (In Re Global Technovations Inc.)Court of Appeals for the Sixth Circuit · 2012
4 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Deitz v. FordCourt of Appeals for the Ninth Circuit · 2014
- Gregory Bos v. Board of TrusteesCourt of Appeals for the Ninth Circuit · 2015
- In re City of DetroitUnited States Bankruptcy Court, E.D. Michigan · 2013
- In re City of DetroitUnited States Bankruptcy Court, E.D. Michigan · 2013
- Gciu-Employer Retirement Fund v. quad/graphics, Inc.Court of Appeals for the Ninth Circuit · 2018
19 more not listed; retrieve them via the Exa API.