Groden v. N&D Transportation Co., Inc.

LIPEZ, Circuit Judge.

In this appeal, we consider whether the Supreme Court’s decision . in Peacock v. Thomas, 516 U.S. 349, 116 S.Ct. 862, 133 L.Ed.2d 817 (1996), requires dismissal of a pension fund’s lawsuit against an employer’s alleged alter egos. Specifically, we must decide, whether there is federal subject matter jurisdiction for the fund’s suit seeking $1.2 million in unpaid withdrawal liability that previously was assessed against the employer in a default judgment. The pension fund’s manager, appellant Edward F. Groden, maintains that subject matter jurisdiction exists under the…