Legal Opinion

Div. 1181 A.T.U.-n.Y. Emps. Pension Fund v. City of N.Y.

Court of Appeals for the Second Circuit

Decided December 10, 2018No. Docket No. 17-3147-cv; August Term, 2018PublishedCited by 17 opinions

1Opinion of the Court

LOHIER, Circuit Judge:

*612Division 1181 A.T.U.-New York Employees Pension Fund and its trustees (collectively, "the Fund") appeal from a judgment of the United States District Court for the Southern District of New York (Castel, J. ), dismissing the Fund's claims against the New York City Department of Education (the "DOE") for delinquent withdrawal liability payments under the Multiemployer Pension Plan Agreements Act ("MPPAA"), 29 U.S.C. § 1381 et seq. The Fund argued that the DOE was the "employer" of the Fund's participants under the MPPAA and is therefore subject to the withdrawal liability…

2Cases cited16 opinions

  1. Barfield v. New York City Health & Hospitals Corp.Court of Appeals for the Second Circuit · 2008
  2. Robinson v. Concentra Health Services, Inc.Court of Appeals for the Second Circuit · 2015
  3. Bay Area Laundry & Dry Cleaning Pension Trust Fund v. Ferbar Corp. of California, Inc.Supreme Court of the United States · 1997
  4. Laborers Health & Welfare Trust Fund v. Advanced Lightweight Concrete Co.Supreme Court of the United States · 1988
  5. Jennifer Arculeo v. On-Site Sales & Marketing, LLC and Sanford Pankin, Also Known as Crystal Hills, Docket No. 04-3807 CvCourt of Appeals for the Second Circuit · 2005

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3Cited by17 opinions

  1. Div. 1181 Amalgamated Transit Union-New York Emps. Pension Fund v. NewCourt of Appeals for the Second Circuit · 2021
  2. NY State Teamsters v. C&S Wholesale GrocersCourt of Appeals for the Second Circuit · 2022
  3. Division 1181 Amalgamated Transit Union - New York Employees Pension Fund v. Canal Escorts, Inc.District Court, E.D. New York · 2020
  4. Division 1181 Amalgamated Transit Union - New York Employees Pension Fund v. New York City Department of EducationDistrict Court, E.D. New York · 2020
  5. Ferrara v. Happy Time Trucking LLCDistrict Court, E.D. New York · 2020

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