Legal Opinion

United Retail & Wholesale Employees Teamsters Union Local No. 115 Pension Plan v. Yahn & Mc Donnell, Inc.

Court of Appeals for the Third Circuit

Decided March 31, 1986No. Nos. 85-1035, 85-1065PublishedCited by 10 opinions

1Opinion of the Court

OPINION OF THE COURT

BECKER, Circuit Judge.

This case presents three important questions concerning the Multiemployer Pension Plan Amendments Act of 1980 (“MPPAA”), 29 U.S.C. § 1381 et seq. (1982): 1) whether MPPAA authorizes a right of action to collect withdrawal liability payments pending arbitration proceedings at which employers withdrawing from the plan may challenge assessments of withdrawal liability made by plan trustees; 2) whether the statutory scheme, under which the determination of withdrawal liability is made by trustees who themselves owe a fiduciary duty to the plan, and whose…

2Cases cited33 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Hensley v. EckerhartSupreme Court of the United States · 1983
  3. Buckley v. ValeoSupreme Court of the United States · 1976
  4. Tumey v. OhioSupreme Court of the United States · 1927
  5. Withrow v. LarkinSupreme Court of the United States · 1975

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3Cited by10 opinions

  1. Albin Laaperi, Administrator of the Estate of Alan Laaperi v. Sears, Roebuck & Co., Inc., Albin Laaperi, Administrator of the Estate of James Laaperi v. Sears, Roebuck & Co., Inc., Albin Laaperi, Administrator of the Estate of Paul Laaperi v. Sears, Roebuck & Co., Inc., Janet Laaperi, Ppa, by Her Father, Albin Laaperi v. Sears, Roebuck & Co., Inc.Court of Appeals for the First Circuit · 1986
  2. Sofco Erectors, Inc. v. Trustees of the Ohio Operating Eng'rs Pension FundCourt of Appeals for the Sixth Circuit · 2021
  3. United Retail & Wholesale Employees Teamsters Union Local No. 115 Pension Plan v. Yahn & Mc Donnell, Inc.Court of Appeals for the Third Circuit · 1986
  4. Saucon Valley Manor, Inc. v. MillerDistrict Court, E.D. Pennsylvania · 2019
  5. Connors v. Incoal Inc.District Court, District of Columbia · 1992

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