Legal Opinion
Board of Trustees of Trucking Employees of North Jersey Welfare Fund, Inc.-Pension Fund v. Kero Leasing Corp.
Court of Appeals for the Third Circuit
Decided July 12, 2004No. 03-2176, 03-2344, 03-3283, 03-3448PublishedCited by 4 opinions
1Opinion of the Court
RENDELL, Circuit Judge.
In these appeals we are called upon to determine the relevant statute of limitations for an action brought by the trustees of a pension fund to recover withdrawal liability. The appellee, Robert Holmes, is *291the former sole shareholder of a company that ceased making payments to the plan, and the former sole proprietor of another related company. The District Court held that the action instituted by the pension fund against Holmes was untimely, as the complaint was filed seven years after the cause of action accrued, one year beyond the statute of limitations set forth in…
2Cases cited18 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Concrete Pipe & Products of Cal., Inc. v. Construction Laborers Pension Trust for Southern Cal.Supreme Court of the United States · 1993
- Bay Area Laundry & Dry Cleaning Pension Trust Fund v. Ferbar Corp. of California, Inc.Supreme Court of the United States · 1997
- Peacock v. ThomasSupreme Court of the United States · 1996
- Central States, Southeast and Southwest Areas Pension Fund v. Burton SlotkyCourt of Appeals for the Seventh Circuit · 1992
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3Cited by4 opinions
- Chicago Truck Drivers v. El Paso CGP Co.Court of Appeals for the Seventh Circuit · 2008
- Einhorn v. J & S, INC.District Court, D. New Jersey · 2008
- Board of Trustees of Trucking Employees of North Jersey Welfare Fund, Inc-Pension Fund v. Kero Leasing Corporation, a New Jersey Corporation Robert C. Holmes, a Proprietor, Individually, Jointly and Severally Holmes Leasing Company, a Proprietorship Robert C. Holmes v. Board of Trustees of Trucking Employees of North Jersey Welfare Fund, Inc.-Pension Fund Board of Trustees of Trucking Employees of North Jersey, Welfare Fund, Inc.-Pension Fund, Board of Trustees of Trucking Employees of North Jersey Welfare Fund, Inc-Pension Fund v. Kero Leasing Corporation, a New Jersey Corporation Robert C. Holmes, a Proprietor, Individually, Jointly and Severally Holmes Leasing Company, a Proprietorship Robert C. Holmes v. Board of Trustees of Trucking Employees of North Jersey Welfare Fund, Inc.-Pension Fund Robert C. HolmesCourt of Appeals for the Third Circuit · 2004
- Chicago Truck Pensio v. El Paso CGP CompanyCourt of Appeals for the Seventh Circuit · 2008