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Court Rejects Equitable Exception to MPPAA's 'Pay Now, Dispute Later' Regime
Jackson Lewis P.C. Dec. 4, 2019 "[The federal district court] looked to other Circuit courts that had recognized an equitable exception, finding that those courts (the Fifth and Seventh Circuits) had conditioned the exception on an affirmative showing by the employer 'that the pension fund lacks a colorable claim' for withdrawal liability. Absent any allegation that the fund's claim was frivolous, the court denied the employer's request for an equitable exception to the pay now, dispute later requirement." [Boilermaker-Blacksmith National Pension Trust v. PSF Industries, No. 18-2467 (D. Kan. Nov. 27, 2019] |
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