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Legal Opinion

Resilient Floor Covering Pension Fund v. M&M Installation, Inc.

Court of Appeals for the Ninth Circuit

Decided December 22, 2010No. 19-16094PublishedCited by 14 opinions

1Opinion of the Court

OPINION

RYMER, Circuit Judge:

This appeal involves a “double-breasted” operation where a non-union employer, Si-mas Floor Co., Inc., set up a union employer, M & M Installation, Inc. to handle union flooring work. The question is whether the non-union company, Simas Floor, is liable for withdrawal liability incurred by the union company, M&M Installation, pursuant to the Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1001 et seq., as amended by the Multiemployer Pension Plan Amendments Act of 1980 (MPPAA), 29 U.S.C. §§ 1381-1453. We conclude that assuming it is possible to be…

2Cases cited12 opinions

  1. Concrete Pipe & Products of Cal., Inc. v. Construction Laborers Pension Trust for Southern Cal.Supreme Court of the United States · 1993
  2. Don Ray Smith v. Cmta-Iam Pension TrustCourt of Appeals for the Ninth Circuit · 1984
  3. UA Local 343 of the United Ass'n v. Nor-Cal Plumbing, Inc.Court of Appeals for the Ninth Circuit · 1994
  4. Carpenters' Local Union No. 1478 v. Neal Stevens, Neal Stevens v. Carpenters' Local Union No. 1478 Southern California Conference of CarpentersCourt of Appeals for the Ninth Circuit · 1984
  5. Korea Shipping Corp. v. New York Shipping Ass'n-International Longshoremen's Ass'n Pension Trust FundCourt of Appeals for the Second Circuit · 1989

7 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Resilient Floor Covering Pension Trust Fund Board of Trustees v. Michael's Floor Covering, Inc.Court of Appeals for the Ninth Circuit · 2015
  2. Groden v. N&D Transportation Co., Inc.Court of Appeals for the First Circuit · 2017
  3. Dairy v. Dairy Employees Union Local No. 17 Christian Labor Ass'n of the United States of America Pension TrustDistrict Court, E.D. California · 2015
  4. J Supor & Son Trucking & Riggi v. Trucking Employees of North JeCourt of Appeals for the Third Circuit · 2022
  5. Slack v. International Union of Operating EngineersDistrict Court, N.D. California · 2015

9 more not listed; retrieve them via the Exa API.

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