Brininger LTD NOVEMBER 1998 ERISA NEWSLETTER

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Supreme Court

First Circuit

 

 

Second Circuit

Hunt v. Alliance North American Government  Income Trust, Inc., 1998 U.S. App. LEXIS 26065  (2nd Cir. Oct [ ], 1998)

Moriarity v. United Tech. Corp. Represented Employees Retirement Plan, 1998 U.S. App. LEXIS 24540 (2nd Cir. Oct. 2. 1998) Second Circuit again refuses to decide whether a plan participant must show reliance before he can recover for a defective summary plan description. Go to detailed analysis.

 

 

Third Circuit


Fourth Circuit

 

Fifth Circuit

Sixth Circuit

The Sherwin-Williams Company v. New York State Teamsters Conference Pension And Retirement Fund,  1998 U.S. App. LEXIS 26023; 1998 FED App. 0312P (6th Cir.)  (6th Cir. Oct. 15, 1998). Sixth Circuit affirmed that the district court was correct in affirming the arbitrator's decision that Plaintiff-Appellant Sherwin-Williams's sale of a wholly-owned subsidiary subjected it to withdrawal liability under section 4212(c) of the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1001 et seq., as amended by the Multiemployer Pension Plan Amendments Act of 1980 ("MPPAA"), 29 U.S.C. § 1392(c). Go to detailed analysis

 

 

Seventh Circuit

 

 

 

Eighth Circuit

 

Ninth Circuit

Albertson's, Inc.  v. United Food And Commercial Workers Union, AFL-CIO & CLC,   1998 U.S. App. LEXIS 24864 (9th Cir. Oct. [ ] 1998)

Tenth Circuit

Eleventh Circuit

D.C. Circuit