Chicago Truck Drivers, Helpers and Warehouse Workers Union Pension Fund v. Brotherhood Labor Leasing Corp., 207 F.3d 500 (8^th Cir. 2000)-A pension fund sought a finding of contempt against several corporations (apparently Steven Gula owns them all) for failure to pay interim payments of withdrawal liability as the district court ordered.  The magistrate judge denied the motion, finding that the Fund was "unable to produce evidence sufficient for a finding that the defendants have assets for making the judgment debt payments."  This court reversed and remanded.

A party seeking civil contempt bears the initial burden of proving, by clear and convincing evidence, that the alleged contemnors violated a court order.  In this case, the district court abused its discretion by improperly placing the burden on the Fund to prove that the Appellees had a present ability to pay the amounts ordered.  This court directed the district court on remand to make explicit findings whether the parties had satisfied their respective burdens.  The court also surveyed cases from other circuits, which showed that mere assertion of "present inability" to pay is insufficient to avoid a civil contempt finding.  There must be some articulation of a reason, expression of good faith, or that their inability to comply was not "self-induced."  This court also added that the district court could find Gula, as sole shareholder, corporate officer, and agent of the corporations, in contempt even though the orders had named only the corporations.