Reply – Re: WITHDRAWAL LIABILITY-UNFUNDED/UNDERFUNDED PENSION & H & W OBLIGA...
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Re: WITHDRAWAL LIABILITY-UNFUNDED/UNDERFUNDED PENSION & H & W OBLIGATIONS
— by Ted Ted
Cousin Melissa scores a nice win on her first trip to the First Circuit Court of Appeals on behalf of the Teamsters Pension Fund for New England.

re: MPPAA, Double Breasted/Alter Ego Corporations, Fraudulent Transfer of Assets earmarked for Pensioners retirement accounts, Federal subject matter jurisdiction & Piercing the Corporate Veil etc. Note: see: Massachusetts Carpenters Cent. Collection Agency v. Belmont Concrete Corp. ("Belmont"), 139 F.3d 304, 308 (1st Cir. 1998); and  Chicago Dist. Council of Carpenters Pension Fund v. P.M.Q.T., Inc., 169 F.R.D. 336, 342 (N.D. Ill. 1996))
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United States Court of Appeals
For the First Circuit

No. 15-2553
EDWARD F. GRODEN, FUND MANAGER OF THE NEW ENGLAND TEAMSTERS AND TRUCKING INDUSTRY PENSION FUND,
Plaintiff, Appellant,


          v.

N&D TRANSPORTATION COMPANY, INC.; LAURENT J. DUHAMEL; ELIZABETH A. DUHAMEL; JED REALTY ASSOCIATES, LLC,

Defendants, Appellees.

APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS

[Hon. Rya W. Zobel, U.S. District Judge]

Before Torruella, Lipez, and Barron,
Circuit Judges.

Melissa A. Brennan, with whom Catherine M. Campbell and Feinberg, Campbell & Zack, PC were on brief, for appellant. Oleg Nikolyszyn for appellees Laurent J. Duhamel and Elizabeth A. Duhamel. Robert A. Mitson, with whom Mitson Law Associates was on brief, for all appellees.

August 2, 2017

- 2 -

LIPEZ, Circuit Judge. In this appeal, we consider whether the Supreme Court's decision in Peacock v. Thomas, 516 U.S. 349 (1996), requires dismissal of a pension fund's lawsuit against an employer's alleged alter egos. Specifically, we must decide whether there is federal subject matter jurisdiction for the fund's suit seeking $1.2 million in unpaid withdrawal liability that previously was assessed against the employer in a default judgment. The pension fund's manager, appellant Edward F. Groden, maintains that subject matter jurisdiction exists under the Employee Retirement Income Security Act of 1974 ("ERISA"). Concluding otherwise, the district court dismissed the case and subsequently denied appellant's motion for post-judgment relief. Having carefully reviewed the law and the fund's allegations, we vacate the court's post-judgment ruling and remand the case for further proceedings.

link:

http://media.ca1.uscourts.gov/pdf.opinions/15-2553P-01A.pdf