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Text of Sixth Circuit Opinion: Employer Cannot Sue Multiemployer Plan Trustees for Negligent Mismanagement (PDF)
U.S. Court of Appeals for the Sixth Circuit 
Aug. 21, 2014 "[No] court has ever recognized the existence of a negligence claim in favor of contributing employers -- under any circumstances -- in the federal common law of pension plans ... Congress has established an extensive statutory framework and expressly announced its intention to occupy the field of private-sector pensions ... [We] hold that a contributing employer to a multiemployer pension plan has no cause of action against plan trustees for negligent management under the federal common law of ERISA pension plans." [DiGeronimo Aggregates v. Zemla, et al., No. 13-4389 (6th Cir. Aug 14, 2014)] MORE >> |
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