GIROUX BROS. TRANSPORTATION, INC., Plaintiff, Appellant, v. NEW ENGLAND TEAMSTERS & TRUCKING INDUSTRY PENSION FUND, Defendant, Appellee

How courts have described this case

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

• declining to decide whether to follow other circuits in adopting an exception for frivolous claims, while noting that such an exception would require a showing of immediate insolvency in light of the clear congressional intent to protect plans in withdrawal liability disputes
• “However, any dispute regarding the timeliness of the Fund’s demand under § 1399(b)(1) is statutorily committed to arbitration in the first instance.”
• “We therefore hold that questions concerning the timeliness of a plan sponsor’s demand are governed exclusively by § 1399(b)(1).”

Source: CourtListener parenthetical corpus (CC0).