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Gciu-Employer Retirement Fund et al v. Quad Graphics, Inc.

NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to First Claim for Relief

14 Cited authorities

  1. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 216,533 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"

  2. Chicago Truck Drivers, Helpers & Warehouse Union (Independent) Pension Fund v. Century Motor Freight, Inc.

    125 F.3d 526 (7th Cir. 1997)   Cited 93 times   1 Legal Analyses
    Holding that collateral estoppel did not bar the defendant from relitigating a pure question of law, and noting that that is especially true "when the issue is of general interest and has not been resolved by the highest appellate court that can resolve it"

  3. Operating Engineers Pension Trust v. Beck Engineering & Surveying Co.

    746 F.2d 557 (9th Cir. 1984)   Cited 112 times
    Holding that liquidated damages are mandatory

  4. Galgay v. Beaverbrook Coal Company

    105 F.3d 137 (3d Cir. 1997)   Cited 60 times   1 Legal Analyses
    Holding that when a pension fund demonstrates that withdrawal liability was assessed, the employer was notified, and payments were not made, nothing more is required for a court to compel interim withdrawal payments

  5. Lads Trucking Co. v. Board of Trustees

    777 F.2d 1371 (9th Cir. 1985)   Cited 47 times
    Holding that an action to collect interim payments is treated the same as an action to collect delinquent contributions

  6. Debreceni v. Merchants Terminal Corp.

    889 F.2d 1 (1st Cir. 1989)   Cited 26 times
    Holding that the employer must make interim payments while awaiting the outcome of arbitration

  7. Pantry Pride, Inc. v. Retail Clerks Tri-State Pension Fund

    747 F.2d 169 (3d Cir. 1984)   Cited 14 times
    In Pantry Pride v. Retail Clerks Tri-State Pension Fund, 747 F.2d 169, 171 (3d Cir. 1984), we emphasized Congress' concern with an uninterrupted flow of pension payments, and implicitly recognized that there is a cause of action to collect interim liability pending arbitration.

  8. Debreceni v. Merchants Terminal Corp.

    740 F. Supp. 894 (D. Mass. 1989)   Cited 9 times
    Rejecting a claim for attorneys' fees under 29 U.S.C. § 1401(d), stating that "the arbitrator has yet to make a final decision in this case"

  9. Section 1132 - Civil enforcement

    29 U.S.C. § 1132   Cited 26,306 times   170 Legal Analyses
    Holding liable "[a]ny administrator" who fails to provide documents in a timely manner

  10. Section 1145 - Delinquent contributions

    29 U.S.C. § 1145   Cited 2,673 times   5 Legal Analyses
    Requiring that employers contribute according to the terms of plans only "to the extent not inconsistent with law"

  11. Section 1401 - Resolution of disputes

    29 U.S.C. § 1401   Cited 835 times
    Establishing a presumption of correctness for "the findings of fact made by the arbitrator"

  12. Section 1399 - Notice, collection, etc., of withdrawal liability

    29 U.S.C. § 1399   Cited 717 times   1 Legal Analyses
    Granting the employer 90 days to ask the plan sponsor to review its determination of the employer's liability

  13. Section 1451 - Civil actions

    29 U.S.C. § 1451   Cited 615 times   4 Legal Analyses
    Stating that, "[i]n any action under this section to compel an employer to pay withdrawal liability, any failure of the employer to make any withdrawal liability payment within the time prescribed shall be treated in the same manner as a delinquent contribution"

  14. Section 1382 - Determination and collection of liability; notification of employer

    29 U.S.C. § 1382   Cited 299 times
    Providing that a sponsor "shall" determine the amount of an employer's withdrawal liability and collect that amount