Legal Opinion

Virga v. Big Apple Construction & Restoration Inc.

District Court, S.D. New York

Decided April 22, 2008No. 05 Civ. 0200 (CM)PublishedCited by 2 opinions

1Opinion of the Court

Decision Granting Plaintiffs’ Motion for Summary Judgment

McMAHON, District Judge:

Background

The Plaintiffs are jointly-administered, multi-employer, labor-management trust funds established and maintained pursuant to various collective bargaining agreements and trust agreements in accordance with sections 302(c)(5), (c)(6) and (c)(9) of the Labor-Management Relations Act of 1947 (“Tafb-Hartley Act”) (29 U.S.C. §§ 186(c)(5), (c)(6) and (c)(7)) and the Labor-Management Cooperation Act of 1978 (Public Law 95-524, § 6). The Plaintiff Funds are also employee benefit plans within the meaning of…

2Cases cited10 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. United States v. Diebold, Inc.Supreme Court of the United States · 1962
  4. McLaughlin v. Richland Shoe Co.Supreme Court of the United States · 1988
  5. John C. Donahue v. Windsor Locks Board of Fire Commissioners, John R. Colli, Jr., Russell C. Gabrielson, and John R. Colli, IIICourt of Appeals for the Second Circuit · 1987

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3Cited by2 opinions

  1. Virga v. BIG APPLE CONST. & RESTORATION INC.District Court, S.D. New York · 2008
  2. James Kilkenny and Charles Priolo, as Trustees of the Construction Council Local 175 Pension Fund; James Kilkenny and Charles Pirolo, as Trustees for the Construction Council Local 175 Welfare Fund; James Kilkenny and Charles Priolo, as Trustees of the Construction Council Local 175 Annuity Fund; and James Kilkenny and Charles Priolo, as Trustees of the Construction Council Local 175 Training Fund v. Graci Paving Associates, Inc.District Court, E.D. New York · 2026

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