Legal Opinion

Laborers Local 938 Joint Health & Welfare Trust Fund v. B.R. Starnes Co. of Florida

District Court, S.D. Florida

Decided January 22, 1986No. 85-2498-CivPublishedCited by 4 opinions

1Opinion of the Court

MARCUS, District Judge.

The novel question presented by this cause is whether contractors and their sureties, none of whom are signatories to a collective bargaining agreement, are “employers” as defined by the Employee Retirement Income Security Act of 1974 (ERISA) 1 and thus bound by its statutory obligation to make contributions into employee benefit funds.

The Complaint in this action was filed on June 27, 1985 seeking damages under ERISA and pendent state claims. By Order dated July 27, 1985 the Honorable Eugene Spellman, United States District Judge, to whom this case was originally…

2Cases cited9 opinions

  1. United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
  2. Larry Bonner v. City of Prichard, AlabamaCourt of Appeals for the Eleventh Circuit · 1981
  3. Carpenters Southern California Administrative Corporation v. Majestic Housing, a California CorporationCourt of Appeals for the Ninth Circuit · 1984
  4. Combs v. IndykDistrict Court, W.D. Pennsylvania · 1982
  5. Thomas Prince v. George C. Wallace, GovernorCourt of Appeals for the Fifth Circuit · 1978

4 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Constantinos Xaros v. U.S. Fidelity and Guaranty Company and Darin & Armstrong, Inc., a Foreign CorporationCourt of Appeals for the Eleventh Circuit · 1987
  2. Laborers Local 938 Joint Health & Welfare Trust Fund v. B.R. Starnes Co.Court of Appeals for the Eleventh Circuit · 1987
  3. Laborers Local 938 Joint Health & Welfare Trust Fund v. B.R. Starnes Company of Florida, Laborers Local 938 Joint Health & Welfare Trust Fund v. B.R. Starnes Company of Florida, Wausau Insurance Companies, Darin & Armstrong, United States Fidelity & Guaranty Co., Arvida Corporation, Trapanese Construction, Inc.Court of Appeals for the Eleventh Circuit · 1987
  4. Olivieri v. P.M.B. Construction, Inc.District Court, E.D. New York · 2005

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