Quijano, Lemuel I.

How courts have described this case

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

• holding that “a seller’s conduct” cannot “absolve a purchaser from responsibility for withdrawal liability” where the “purchaser can undertake simple steps to gain knowledge of the withdrawal liability”
• stating that “because ERISA (and the MPPAA) are remedial statutes, they 16 should be liberally construed in favor of protecting the participants in employee benefit plans”
• purchaser’s actual knowledge 15 of unionized workforce and status of pension plan as underfunded established purchaser’s 16 constructive notice of withdrawal liability
• purchaser’s actual knowledge 15 of unionized workforce and status of pension plan as underfunded established purchaser’s 16 constructive notice of withdrawal liability
• “The existence of unfunded vested benefit liabilities on the day of [employer’s] withdrawal resulted in withdrawal liability for [employer] under the Act.”
• “Even when the requirements for constructive notice are met, in 24 certain instances fairness could militate against imposing successor liability.”

Source: CourtListener parenthetical corpus (CC0).