Legal Opinion

In Re Marcal Paper Mills, Inc.

Court of Appeals for the Third Circuit

Decided June 16, 2011No. 09-4574PublishedCited by 23 opinions

1Opinion of the Court

OPINION OF THE COURT

SLOVITER, Circuit Judge.

This appeal, which arises from a bankruptcy proceeding, presents only one issue, but it is an issue of first impression in this Circuit and requires interpretation and reconciliation of two important and complex federal statutory schemes and their underlying policies. Specifically, it requires us to decide whether under the Employee Retirement Income Security Act (“ERISA”), as amended by the Mul-tiemployer Pension Plan Amendments Act (“MPPAA”), the portion of withdrawal liability that is attributable to the post-petition time period constitutes an…

2Cases cited19 opinions

  1. Morton v. MancariSupreme Court of the United States · 1974
  2. Concrete Pipe & Products of Cal., Inc. v. Construction Laborers Pension Trust for Southern Cal.Supreme Court of the United States · 1993
  3. Pension Benefit Guaranty Corporation v. RA Gray & Co.Supreme Court of the United States · 1984
  4. In re Schering Plough Corp. Erisa LitigationCourt of Appeals for the Third Circuit · 2009
  5. Trustees of the Amalgamated Insurance Fund v. McFarlin's, Inc.Court of Appeals for the Second Circuit · 1986

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

3Cited by23 opinions

  1. In Re Energy Future Holdings Corp.Court of Appeals for the Third Circuit · 2018
  2. McDow v. DudleyCourt of Appeals for the Fourth Circuit · 2011
  3. Energy Future Holdings Corp. v.Court of Appeals for the Third Circuit · 2021
  4. Manhattan Ford Lincoln, Inc. v. UAW Local 259 Pension FundDistrict Court, D. New Jersey · 2018
  5. Prologo v. Flagstar Bank, FsbDistrict Court, D. Maryland · 2012

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

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