Legal Opinion
Trustees of Michigan Regional Council of Carpenters' Employee Benefits Fund v. H.B. Stubbs Co.
District Court, E.D. Michigan
Decided July 17, 2014No. 2:14-cv-11393PublishedCited by 2 opinions
1Opinion of the Court
OPINION AND ORDER GRANTING IN PART DEFENDANTS’ MOTION TO DISMISS [36]
LAURIE J. MICHELSON, District Judge.
This case presents the following legal question: assuming a company agreed to, but did not pay contributions to an employee-benefit plan governed by ERISA, are those due-and-owing contributions plan assets such that a company official violates fiduciary duties owed to the plan by paying the company’s other creditors instead of the plan? Plaintiffs are the trustees of various employee-benefit funds (e.g., the Trustees of Michigan Regional Council of Carpenters’ Employee Benefits Fund) (“the…
2Cases cited24 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Lopresti v. TerwilligerCourt of Appeals for the Second Circuit · 1997
- Regis Lutz v. Chesapeake Appalachia, L.L.C.Court of Appeals for the Sixth Circuit · 2013
- Connie Edmonson v. Lincoln National Life InsurancCourt of Appeals for the Third Circuit · 2013
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3Cited by2 opinions
- Plumbers Local 98 Defined Benefit Pension Fund v. Dan Allor Plumbing and Heating CompanyDistrict Court, E.D. Michigan · 2025
- Trustees of Michigan Regional Council of Carpenters' Employee Benefits Fund v. H.B. Stubbs Co.District Court, E.D. Michigan · 2014