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Ninth Circuit Hammers Out New Successorship Liability Test Under MPPAA
Seyfarth Shaw LLPLink to more items from this source
Oct. 6, 2015

"Two circuits now agree that asset purchasers can be liable for withdrawal liability as successors. No circuit court has taken the opposite position. And the Ninth Circuit has set forth how it would focus on where a new company's customer base is derived for purposes of determining successorship. In light of this, employers need to assume that if they are a successor they will be subject to the predecessor employer's withdrawal liability." [Resilient Floor Covering Pension Trust Fund Bd. of Trustees v. Michael's Floor Covering, Inc. (9th Cir. Sept. 11, 2015)]

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