Schueler v. Roman Asphalt Corp.

MEMORANDUM ORDER

VINCENT L. BRODERICK, District Judge.

I

This case, although involving a relatively small amount (approximately $10,000) of unpaid fringe benefit contributions due from a small construction firm, raises important questions concerning means of collection of such delinquencies. It also presents the issues of how reasonable attorney’s fees should be calculated in debt collection suits such as this one brought pursuant to federal law (in this instance under ERISA, 29 U.S.C. § 1132), and of when out-of-court oral settlement agreements between counsel are binding.

Defendant Roman…