35 pages. "Agreeing with the Seventh Circuit, the panel held that ... the most important factor in assessing whether an employer is a successor for purposes of withdrawal liability is whether there was substantial continuity in the business operations between the predecessor and the successor, as determined in large part by whether the new employer has taken over the economically critical bulk of the prior employer's customer base.... The panel held that the district court erred in weighing continuity of the workforce as the most important factor, and, moreover, applied an incorrect test to determine whether there was continuity of the workforce." [Resilient Floor Covering Pension Trust Fund Bd. of Trustees. v. Michael's Floor Covering, Inc., No. 12-17675 (9th Cir. Sept. 11, 2015)  MORE >>