Board of Trustees of Trucking Employees of North Jersey Welfare Fund, Inc. v. Canny

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that the defendants were in default within meaning of 29 U.S.C. § 1399(c)(5)(A) because they failed to make interim withdrawal liability payments
• “All factual disputes, such as whether defendants remained an ‘employer’ at the time of the withdrawal, are reserved for an arbitrator because of the ‘exhaustion of administrative remedies’ doctrine.”
• “Because a commonly controlled group of trades or businesses is to be treated as a single employer, each member of such a group is liable for the withdrawal of any other member of the group.”
• “Whether the ‘controlled group’ continued until the date of withdrawal and whether defendants tried to ‘evade or avoid’ would have been factual matters for an arbitrator, had arbitration been initiated. The Court does not rule on the merits of such claims at all.”

Source: CourtListener parenthetical corpus (CC0).