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· 1/9/2004

Flynn, John v. Flores, Priscilla

Citations

  • 353 F.3d 953
  • 359 U.S. App. D.C. 228
  • 31 Employee Benefits Cas. (BNA) 2873
  • 2004 U.S. App. LEXIS 272
  • 2004 WL 41500

How courts have described this case

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

  • holding that companies that had essentially the same ownership, management, business purpose, operations and customers were alter egos
  • holding a subsequent business that took over a CBA signatory's tile business liable under the CBA where the subsequent business was owned and operated by the same family out of the same location and completed the signatory's subcontracts
  • finding an alter ego relationship where “[o]n several occasions R.C. Tile assumed R.C. Construction’s subcontracts and completed work begun by R.C. Construction.”
  • “The assets were transferred among [the companies] in non-arms length transactions, which provides a ‘clear foundation for a holding of ‘alter ego’ status.’ ”
  • alter ego liability enables “trustees to recover delinquent contributions from a sham entity”
  • “Payments made to non- union employees in lieu of contributions to the Fund do nothing to remedy the harm to the Fund from the non-payment of pension contributions due under the CBA.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Ginsburg, Sentelle, Henderson

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.