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Ninth Circuit Clarifies Withdrawal Liability Rules for Certain Industries
Proskauer Link to more items from this source
Apr. 10, 2026

"The Ninth Circuit recently issued a pair of decisions clarifying how the rules governing withdrawal liability apply to employers in certain industries. In [one case] the Court held that an employer did not withdraw from a multiemployer pension plan, and thus did not owe withdrawal liability, because the employer's asbestos abatement work qualified for the 'building and construction industry' exemption. And in [a second decision], the Court held that the plan primarily covered employees in the entertainment industry because the majority of employees in the plan performed at least some entertainment-related work." 
[Walker Speciality Constr. Inc. v. Bd. of Trustees of the Constr. Ind. and Lab. Jt. Pension Trust for S. Nev., No. 24-1560 (9th Cir. Jan. 5, 2026); Nevada Resort Ass'n-Int'l Alliance of Theatrical Stage Emps. & Moving Picture Mach. Operators of the US & Canada Loc. 720 Pension Tr. v. JB Viva Vegas, LP, No. 24-2791 (9th Cir. Jan. 6, 2026)]  MORE >>

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