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Sixth Circuit Finds Family Trust, Successors Liable for Pensions
Groom Law Group 
Sept. 20, 2018
"[T]he court adopted the categorical test espoused by its sister circuits in the context of multiemployer plans and by PBGC. Under the categorical test, any entity that leases property to a commonly controlled entity is a 'trade or business' under ERISA.... The Sixth Circuit also reversed the district court on the issue of successor liability, holding that the federal common law should be applied to the case to promote ERISA's fundamental policy of enforcing employers' promises to their employees." [PBGC v. Findlay Industries, Inc., No. 17-3520 (6th Cir. Sept. 4, 2018)]
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