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Board of Trustees of The Bricklayers of Western Pennsylvania Combined Funds, Inc. v. Molinaro Corporation et al

REPLY BRIEF re Response in Opposition to Plaintiffs' Motions for Summary Judgment

27 Cited authorities

  1. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 235,866 times   38 Legal Analyses
    Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"

  2. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 216,014 times   40 Legal Analyses
    Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"

  3. Matsushita Elec. Indus. Co. v. Zenith Radio

    475 U.S. 574 (1986)   Cited 112,965 times   38 Legal Analyses
    Holding that, on summary judgment, antitrust plaintiffs "must show that the inference of conspiracy is reasonable in light of the competing inferences of independent action or collusive action that could not have harmed" them

  4. Trap Rock Industries, Inc. v. Local 825, International Union of Operating Engineers

    982 F.2d 884 (3d Cir. 1992)   Cited 501 times
    Holding that statements in a brief are insufficient to rebut affidavits offered to oppose a motion to compel arbitration

  5. Lewis v. Benedict Coal Corp.

    361 U.S. 459 (1960)   Cited 255 times
    Holding that where the fund's governing documents require that it be used for the sole and exclusive benefit of the employees, their families, and dependents, "the fund is in no way an asset or property of the union."

  6. Board of Trustees v. Wettlin Assoc

    237 F.3d 270 (3d Cir. 2001)   Cited 188 times
    Holding that a TPA was a fiduciary where the TPA "wrote checks and disbursed assets from the fund's bank account" and "was not required to seek approval from the [plan] [t]rustees in advance"

  7. Agathos v. Starlite Motel

    977 F.2d 1500 (3d Cir. 1992)   Cited 136 times
    Holding that defense of fraud in the execution cannot be applied to pension funds

  8. Glaziers and Glassworkers Union Local No. 252 Annuity Fund v. Newbridge Securities, Inc.

    93 F.3d 1171 (3d Cir. 1996)   Cited 115 times
    Holding that plaintiffs, a group of benefit pension plans, stated a claim for breach of fiduciary duty against a former brokerage firm for failure to disclose that one of its brokers had been forced to resign on suspicion that he had committed fraud, after which the pension funds followed that broker to his new employer and the broker embezzled more than $2 million from the funds

  9. Srein v. Frankford Trust Co.

    323 F.3d 214 (3d Cir. 2003)   Cited 76 times
    Holding a bank is a "fiduciary" under the disposition clause where it wrongfully disbursed the plans' funds

  10. Confer v. Custom Engineering Co.

    952 F.2d 34 (3d Cir. 1991)   Cited 97 times
    Holding that officers who exercise discretion on behalf of a corporate fiduciary are not themselves fiduciaries under ERISA § 3 unless they have "individual discretionary roles as to plan administration," as, for example, where "the corporation delegates some of its fiduciary responsibilities to an officer"

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 328,220 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  12. Section 1132 - Civil enforcement

    29 U.S.C. § 1132   Cited 26,253 times   169 Legal Analyses
    Holding liable "[a]ny administrator" who fails to provide documents in a timely manner

  13. Section 1002 - Definitions

    29 U.S.C. § 1002   Cited 11,028 times   60 Legal Analyses
    Holding that ERISA is a federal law that sets standards of protection for individuals in most voluntarily established, private-sector retirement plans

  14. Section 1104 - Fiduciary duties

    29 U.S.C. § 1104   Cited 4,822 times   72 Legal Analyses
    Specifying duties of a "fiduciary . . . with respect to a plan"

  15. Section 1145 - Delinquent contributions

    29 U.S.C. § 1145   Cited 2,664 times   5 Legal Analyses
    Requiring that employers contribute according to the terms of plans only "to the extent not inconsistent with law"

  16. Section 1109 - Liability for breach of fiduciary duty

    29 U.S.C. § 1109   Cited 2,488 times   9 Legal Analyses
    Breaching fiduciary "shall be subject to such other equitable or remedial relief as the court may deem appropriate"