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JB Viva Vegas, L.P. v. Nevada Resort Association-IATSE Local 720 Retirement Plan

REPLY to Response to 8 Motion to Dismiss,

22 Cited authorities

  1. Williams v. Taylor

    529 U.S. 362 (2000)   Cited 37,838 times   65 Legal Analyses
    Holding that counsel's performance was deficient when their investigation failed to uncover "extensive records" filled with mitigation evidence concerning the defendant's family history, education, mental health, and rehabilitation

  2. Ilgwu Nat Retirement Fund v. Levy Bros. Frocks

    846 F.2d 879 (2d Cir. 1988)   Cited 119 times
    Finding "the arbitration provisions of MPPAA do not constitute an absolute bar to federal jurisdiction, but instead constitute an exhaustion of administrative remedies requirement"

  3. Peick v. Pension Ben. Guar. Corp.

    724 F.2d 1247 (7th Cir. 1983)   Cited 110 times
    Holding that the mandatory arbitration provisions of the MPPAA do not infringe upon constitutional rights

  4. Teamsters Pension Trust Fund v. Allyn Transp

    832 F.2d 502 (9th Cir. 1987)   Cited 90 times
    Holding that "notice to the withdrawing employer is notice to all members of the controlled group for the purposes of 29 U.S.C. § 1399(b)."

  5. T.I.M.E.-DC, Inc. v. Management-Labor Welfare & Pension Funds

    756 F.2d 939 (2d Cir. 1985)   Cited 91 times
    Holding that determination of relationship between MPPAA and unrelated statute did not require arbitration

  6. Mason and Dixon Tank Lines v. Central States

    852 F.2d 156 (6th Cir. 1988)   Cited 71 times
    Holding that the MPPAA retained ERISA's common control provisions

  7. Carl Colteryahn Dairy, Inc. v. Western Pennsylvania Teamsters & Employers Pension Fund

    847 F.2d 113 (3d Cir. 1988)   Cited 66 times
    Holding that under ERISA common law a defrauded employer has a cause of action for the return of any sums that were fraudulently assessed by a pension plan

  8. Borntrager v. Cent. States, S.E. S.W. Areas

    425 F.3d 1087 (8th Cir. 2005)   Cited 32 times
    Holding that district court's remand order was not a final decision, even though the order did not state the court was retaining jurisdiction, and the Clerk of Court entered a final judgment, because the district court had not resolved the merits of the underlying wrongful expulsion dispute

  9. BD OF TRUSTEES, TRUCKING EMPLOYEES v. KERO

    377 F.3d 288 (3d Cir. 2004)   Cited 31 times
    Holding the doctrine of "notice to one is notice to all" is applicable only after the Defendant's legal status is determined

  10. Underwriter v. Magna Bank

    150 F.3d 868 (8th Cir. 1998)   Cited 14 times

    No. 97-3859 Submitted: May 12, 1998 Filed: July 27, 1998 Appeal from the United States District Court for the Eastern District of Missouri. Robert Hammel Brownlee, St. Louis, MO, argued (David D. Farrell, on the brief), for Respondent-Appellant. G. Eric Brunstad, Hartford, CT, argued (Kevin F. LaFreniere and Wendi Alper-Pressman, on the brief), for Movant-Appellee. Before BOWMAN, Chief Judge, HEANEY and HANSEN, Circuit Judges. BOWMAN, Chief Judge. Hartford Underwriters Insurance Company brought an

  11. Section 1291 - Final decisions of district courts

    28 U.S.C. § 1291   Cited 88,848 times   139 Legal Analyses
    Granting jurisdiction to the courts of appeals from final decisions of federal district courts "except where a direct review may be had in the Supreme Court"

  12. Rule 5 - Serving and Filing Pleadings and Other Papers

    Fed. R. Civ. P. 5   Cited 22,113 times   16 Legal Analyses
    Allowing service by filing papers with the court's electronic-filing system

  13. 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"

  14. Section 1021 - Duty of disclosure and reporting

    29 U.S.C. § 1021   Cited 647 times   3 Legal Analyses
    Excepting from the definition of “blackout” a suspension of distributions which occur “by reason of the application of the securities laws”

  15. 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"

  16. Section 1383 - Complete withdrawal

    29 U.S.C. § 1383   Cited 526 times   5 Legal Analyses
    Listing additional requirements

  17. Section 1391 - Methods for computing withdrawal liability

    29 U.S.C. § 1391   Cited 335 times   1 Legal Analyses
    Providing a plan may determine, with certain restrictions, its own method of assessing a contribution upon withdrawal

  18. Section 1415 - Transfers pursuant to change in bargaining representative

    29 U.S.C. § 1415   Cited 54 times
    Governing transfers of assets to a new plan pursuant to a change in bargaining representation

  19. Section 1389 - De minimis rule

    29 U.S.C. § 1389   Cited 32 times
    Creating a de minimis rule which eliminates withdrawal liability entirely for an employer whose obligation would be equal to or less than the smaller of 3/4 of 1% of the plan's unfunded vested obligations; or $50,000