International Painters & Allied Trades Industry Pension Fund v. Executive Painting, Inc.

How courts have described this case

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

• noting that ERISA authorizes courts to grant “such other legal or equitable relief as the court deems appropriate” and granting the plaintiff’s requested injunctive relief by ordering the defendant to submit all outstanding reports (citing 29 U.S.C. § 1132(g)(2)(E))
• determining that plaintiffs did not calculate damages with reasonable certainty
• determining that plaintiffs did not calculate damages with reasonable certainty
• granting relief including submission of outstanding reports and contributions where “defendant has not complied with the CBAs or ERISA and has remained unresponsive through the judicial process”
• denying, without prejudice, plaintiffs’ requests for damages under ERISA in part because “[n]either the complaint nor the affidavit attached to the instant motion. . .details the calculations on which the plaintiffs based their estimate”
• “Because the defendant has not complied with the CBAs or ERISA and has remained unresponsive throughout the judicial process, the court grants the plaintiffs’ request for injunctive relief” and orders the defendant to “complete and file all outstanding remittance reports.”

Source: CourtListener parenthetical corpus (CC0).