Legal Opinion
Korea Shipping Corp. v. New York Shipping Ass'n-International Longshoremen's Ass'n Pension Trust Fund
Court of Appeals for the Second Circuit
Decided July 24, 1989No. Nos. 339, 497, Dockets 88-7636, 88-7774PublishedCited by 39 opinions
1Opinion of the Court
CARDAMONE, Circuit Judge:
We consider two separate appeals presenting identical legal issues: Whether appellants shipping companies are “employers” under the Multiemployer Pension Plan Amendments Act (MPPAA or the Act), 29 U.S.C. § 1381 et seq. (1982), and whether they are therefore subject to “withdrawal liability” under that Act upon ceasing their operations in the Port of New York. The carriers’ chief contention is that Congress’ use of the term “employer” requires us to construe that word as it is generally understood in the common law, and that under that definition they are not employers…
2Cases cited22 opinions
- Blue Chip Stamps v. Manor Drug StoresSupreme Court of the United States · 1975
- Chapman v. Houston Welfare Rights OrganizationSupreme Court of the United States · 1979
- National Labor Relations Board v. Hearst Publications, Inc.Supreme Court of the United States · 1944
- Park 'N Fly, Inc. v. Dollar Park & Fly, Inc.Supreme Court of the United States · 1985
- Pension Benefit Guaranty Corporation v. RA Gray & Co.Supreme Court of the United States · 1984
17 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Bowers v. Transportacion Maritima Mexicana, S.A.Court of Appeals for the Second Circuit · 1990
- Fishbein v. MirandaDistrict Court, S.D. New York · 2009
- RHEEM MANUFACTURING COMPANY, Appellee, v. CENTRAL STATES SOUTHEAST AND SOUTHWEST AREAS PENSION FUND, AppellantCourt of Appeals for the Eighth Circuit · 1995
- Mary Helen Coal Corp. v. HudsonCourt of Appeals for the Fourth Circuit · 2000
- Amalgamated Lithographers of America v. Unz & Co.District Court, S.D. New York · 2009
34 more not listed; retrieve them via the Exa API.