Legal Opinion

Lipton v. Consumers Union of the United States, Inc.

District Court, S.D. New York

Decided January 20, 1999No. 98 Civ. 1599(LAK)PublishedCited by 3 opinions

1Opinion of the Court

MEMORANDUM OPINION

KAPLAN, District Judge.

This case presents the question whether an employer pension fund, established with a provision that limits investment of plan assets in certain securities to serve the employer’s business interests, violates Section 302(c)(5) of the Taft-Hartley Act. Plaintiffs allege that the plan violates the Act because it was not established for the sole and exclusive benefit of the participants of the plan and their beneficiaries. Defendants move for dismissal or, in the alternative, summary judgment.

Facts

The Consumers Union of the United States (“CU”), a…

2Cases cited13 opinions

  1. Merrell Dow Pharmaceuticals Inc. v. Thompson Ex Rel. ThompsonSupreme Court of the United States · 1986
  2. Osborn v. Bank of United StatesSupreme Court of the United States · 1824
  3. Louisville & Nashville Railroad v. MottleySupreme Court of the United States · 1908
  4. Verlinden B. v. v. Central Bank of NigeriaSupreme Court of the United States · 1983
  5. Arroyo v. United StatesSupreme Court of the United States · 1959

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

3Cited by3 opinions

  1. Daniel Soehnlen v. Fleet Owners Ins. FundCourt of Appeals for the Sixth Circuit · 2016
  2. Sciascia v. Rochdale Village, Inc.District Court, E.D. New York · 2012
  3. RB Restoration, Individually and On Behalf of All Others Similarly Situated v. Mosaic Terrazzo and Chemical Product Decorative Finisher Masons Workers Assoc. Local 7 of New York, New Jersey & Vicinity International Union of Bricklayers and Allied Craft Workers, et al.District Court, D. New Jersey · 2026

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