Cent. States, Southeast SE & SW Areas Pension Fund v. CLP Venture LLC

In 2005, General Warehouse, an employer obligated to contribute to the Central States Pension Fund on behalf of certain employees ceased to have an obligation to the Fund, which led to a complete withdrawal, incurring withdrawal liability of $1,262,568. Under the Multiemployer Pension Plan Amendments Act, 29 U.S.C. 1301(b)(1), if a withdrawing employer is unable to pay in full, a pension plan can recover the deficiency jointly and severally from any other business under common control with the withdrawing The Fund sued to collect from General Warehouse, GEOBEO and other businesses under common control. The parties entered into a consent judgment, acknowledging that the named defendants were jointly and severally liable. The Fund then initiated an action to add the defendants to the group of business entities from which it can collect. The district court granted summary judgment in favor of the Fund. The Seventh Circuit affirmed, finding “overwhelming evidence” that the entities were under common control. View "Cent. States, Southeast SE & SW Areas Pension Fund v. CLP Venture LLC" on Justia Law