Delinquent Contributions

We have vast experience prosecuting litigation, on behalf of Boards of Trustees of multiemployer plans, to satisfy their fiduciary responsibility to collect delinquent employer contributions. In addition, we also have experience representing Boards of Trustees of multiemployer pension plans in arbitrations involving the withdrawal of a contributing employer and defending Trustees against litigation involving overpayment.

Practice Highlights

Below is a list of illustrative matters where we represented multiemployer plans in litigation involving delinquent contributions and overpayment:

  • prosecuted litigation to, collectively, recover delinquent employer contributions in the amount of hundreds of millions of dollars;
  • prosecuted a motion for summary judgment on behalf of the Boards of Trustees of multiemployer pension and annuity plans against a delinquent employer and obtained an award of hundreds of thousands of dollars, plus interest and attorneys’ fees, and an order that defendants produce records for audit;
  • appealed a judgment that denied ERISA statutory remedies and reduced the interest payable on delinquent contributions to multiemployer pension, welfare and apprenticeship plans;
  • prosecuted a motion to compel on behalf of the Board of Trustees of a multiemployer pension plan and obtained an award of attorneys’ fees to the Trustees;
  • prosecuted a motion for summary judgment on behalf of the Board of Trustees of a multiemployer pension plan determining liability for contributions;
  • prosecuted, on behalf of the Board of Trustees of a multiemployer pension plan against a delinquent employer, a motion for sanctions, a motion to strike defendant’s answer and a motion precluding defendant from submitting evidence;
  • prosecuted a delinquent contribution claim on behalf of the Boards of Trustees of multiemployer pension, welfare and apprenticeship plans against a non-signatory employer based on an alter-ego theory and obtained an award of delinquent contributions, interest, liquidated damages, attorneys’ fees and costs; and
  • defended Board of Trustees of a multiemployer benefit plan against an ERISA claim by a contributing employer to recoup overpayments made to the plan where the Second Circuit Court of Appeals reversed and remanded in our favor and the district court entered final judgment in favor of our Trustees.