Legal Opinion
Operating Engineers Local 324 Health Care Plan v. G & W Construction Co.
Court of Appeals for the Sixth Circuit
Decided April 20, 2015No. 12-1786PublishedCited by 255 opinions
1Opinion of the Court
OPINION
JANE B. STRANCH, Circuit Judge.
Nine multi-employer pension and welfare fringe benefit trust funds (the Funds) sued G & W Construction Company (G & W) and its president, Gary Nollar, to recover delinquent fringe-benefit payments under a contract between G & W and Operating Engineers Local 324 (the Union). The defendants raised affirmative defenses of laches, estoppel, and waiver based on alleged conduct of the Union and the Funds. The Funds moved to strike the affirmative defenses, arguing that § 515 of the Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1145, bars…
2Cases cited41 opinions
- Robert D. Sprague, Plaintiffs-Appellees/cross-Appellants v. General Motors Corporation, Defendant-Appellant/cross-AppelleeCourt of Appeals for the Sixth Circuit · 1998
- Curtiss-Wright Corp. v. SchoonejongenSupreme Court of the United States · 1995
- Mcpherson v. KelseyCourt of Appeals for the Sixth Circuit · 1997
- Petrella v. Metro-Goldwyn-Mayer, Inc.Supreme Court of the United States · 2014
- Kaiser Steel Corp. v. MullinsSupreme Court of the United States · 1982
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3Cited by255 opinions
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