Legal Opinion
Resilient Floor Covering Pension Trust Fund Board of Trustees v. Michael's Floor Covering, Inc.
Court of Appeals for the Ninth Circuit
Decided September 11, 2015No. 12-17675PublishedCited by 49 opinions
1Opinion of the Court
OPINION
BERZON, Circuit Judge:
We decide in this case two related issues: (1) whether a successor employer, both generally and in the construction industry in particular, can be subject to withdrawal liability under the Multiem-ployer Pension Plan Amendments Act (“MPPAA”), 29 U.S.C. § 1381-1453, amendments to the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. § 1001 et seq.; and (2) if so, what factors are most relevant to determining whether a construction industry employer is a successor for purposes of imposing MPPAA withdrawal liability. We conclude that a construction…
2Cases cited31 opinions
- Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
- United States v. HinksonCourt of Appeals for the Ninth Circuit · 2009
- Pension Benefit Guaranty Corporation v. RA Gray & Co.Supreme Court of the United States · 1984
- National Labor Relations Board v. Burns International Security Services, Inc.Supreme Court of the United States · 1972
- Golden State Bottling Co. v. National Labor Relations BoardSupreme Court of the United States · 1973
26 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- Pension Benefit Guaranty Corp. v. Findlay Indus., Inc.Court of Appeals for the Sixth Circuit · 2018
- NY State Teamsters v. C&S Wholesale GrocersCourt of Appeals for the Second Circuit · 2022
- Ind. Elec. Workers Pension Benefit Fund v. Manweb Servs., Inc.Court of Appeals for the Seventh Circuit · 2018
- Heavenly Hana LLC v. Hu&hi of Hawaii Pension PlanCourt of Appeals for the Ninth Circuit · 2018
- Angel Mendez v. County of Los AngelesCourt of Appeals for the Ninth Circuit · 2016
44 more not listed; retrieve them via the Exa API.