News & Analysis as of

Successors Employee Retirement Income Security Act (ERISA)

Jackson Lewis P.C.

Constructive Notice Enough For Successor Withdrawal Liability, Ninth Circuit Holds

Jackson Lewis P.C. on

The expansion of the multiemployer pension plan successor withdrawal liability doctrine continues for asset purchasers. Establishing a constructive notice standard, the federal appellate court in San Francisco has ruled that...more

Proskauer - Employee Benefits & Executive...

Ninth Circuit Applies “Successorship Doctrine” to Claim for MPPAA Withdrawal Liability

The Ninth Circuit concluded in a case of first impression that an employer could be held liable for its predecessor’s withdrawal liability to a multiemployer pension fund pursuant to the “successorship doctrine.” The Court...more

Genova Burns LLC

Employer Can Be Liable For Its Predecessor’s FLSA Violations

Genova Burns LLC on

The Third Circuit Court of Appeals recently held that an employer can be liable for its predecessor’s violations of the Fair Labor Standards Act. Thompson v. Real Estate Mortgage Network, No. 12-3828 (3d Cir. Apr. 4, 2014)....more

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