· 4/19/1993
Stotter Division of Graduate Plastics Company, Inc. v. District 65, United Auto Workers, Afl-Cio
Citations
- 991 F.2d 997
- 16 Employee Benefits Cas. (BNA) 2094
- 143 L.R.R.M. (BNA) 2065
- 1993 U.S. App. LEXIS 8626
- 1993 WL 118482
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 successor corporation had a duty to arbitrate the extent of its obligations under its predecessor's CBA because there was substantial continuity in the business enterprise
- holding respondent in arbitration proceeding waived objection to selection of arbitrator by failing to ʺspecificallyʺ object, even though respondent objected to jurisdiction on different grounds
- holding parties bound by incorporated AAA waiver rule as it related to failure to timely object to arbitrator
- finding successor liability for ERISA contributions where successor had notice of arbitration and where businesses had “substantial continuity of identity in the business enterprise before and after the change”
- examining the successor’s use of the same employees, equipment, products, and customers as factors in determining whether there was a “substantial continuity of identity in the business enterprise before and after [the] change” (internal quotation omitted)
- discussing the importance of notice in finding substantial continuity between corporations
Source: CourtListener parenthetical corpus (CC0).
Judges: Newman, Cardamone, Mahoney
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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