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Monday, July 27, 2015

Ind. Decisions - 7th Circuit decides one Indiana case today, a reversal

In James Tsareff v. Manweb Services (SD Ind., Barker), a 16-page opinion, Judge Bauer writes:

Plaintiff-appellant, Indiana Electrical Pension Benefit Plan (“Plan”), through its trustee, James Tsareff, brings this action to collect withdrawal liability from defendant-appellee, ManWeb Services, Inc. (“ManWeb”), under the Employee Retirement Income Security Act (“ERISA”), as amended by the Multiemployer Pension Plan Amendments Act of 1980 (“MPPAA”), 29 U.S.C. §§ 1001–1461. The Plan argues that ManWeb is responsible for the withdrawal liability incurred by Tiernan & Hoover, certain assets of which ManWeb acquired through an asset sale, under a theory of successor liability. The Plan appeals the district court’s grant of judgment as a matter of law to ManWeb and denial of the Plan’s motion for summary judgment. For the reasons that follow, we reverse. * * *

For the aforementioned reasons, the district court’s grant of judgment as a matter of law to ManWeb and denial of summary judgment to the Plan is reversed. Since the district court did not address the successor liability continuity requirement, this case is remanded to the district court for further proceedings consistent with this opinion.

Posted by Marcia Oddi on July 27, 2015 11:09 AM
Posted to Ind. (7th Cir.) Decisions