Cmsh Company, Inc., Cmsh Framing v. Carpenters Trust Fund for Northern California
Court of Appeals for the Ninth Circuit
1Opinion of the Court
WIGGINS, Circuit Judge:
OVERVIEW
CMSH Company, Inc. (CMSH) and CMSH Framing (Framing) appeal a district court order upholding an arbitration award in favor of Carpenters Pension Trust Fund (Fund) for withdrawal liability under the Employee Retirement Income Security Act (ERISA). 29 U.S.C. § 1381(a) (1988). The arbitrator found that the appellant corporations were alter egos and that CMSH was therefore responsible for the liability incurred when Framing withdrew from its ERISA pension plan. The district court affirmed the arbitrator’s judgment. CMSH argues on appeal that it is not responsible…
2Cases cited9 opinions
- United States v. Vogel Fertilizer Co.Supreme Court of the United States · 1982
- Laborers Health & Welfare Trust Fund v. Advanced Lightweight Concrete Co.Supreme Court of the United States · 1988
- Audit Services, Inc. v. Marselius Rolfson D/B/A Rolfson Company and Marcus Rolfson D/B/A Rolfson CompanyCourt of Appeals for the Ninth Circuit · 1981
- Board of Trustees of Western Conference of Teamsters Pension Trust Fund v. Thompson Bldg. Materials, Inc.Court of Appeals for the Ninth Circuit · 1984
- J. M. Tanaka Construction, Inc. v. National Labor Relations Board, R. M. Tanaka Construction, Inc. v. National Labor Relations BoardCourt of Appeals for the Ninth Circuit · 1982
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3Cited by15 opinions
- Carpenters Pension Trust Fund for Northern California v. Underground Construction Company, Inc.Court of Appeals for the Ninth Circuit · 1994
- Bowers v. Andrew Weir Shipping, Ltd.Court of Appeals for the Second Circuit · 1994
- The Penn Central Corporation v. Western Conference of Teamsters Pension Trust FundCourt of Appeals for the Ninth Circuit · 1996
- Resilient Floor Covering Pension Fund v. M&M Installation, Inc.Court of Appeals for the Ninth Circuit · 2010
- Comerica Bank v. HowsamCalifornia Court of Appeal · 2012
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