U.S. Court of Appeals for the Seventh Circuit

Case Status


Docket Number

06-3362, 06-3397, 06-4040


Case Updates


February 27, 2007

The Seventh Circuit refused to consider NCLC’s brief.

U.S. Chamber files motion to file amicus brief addressing multiemployer withdrawal liability for successor companies

February 22, 2007

NCLC sought reversal of a district court decision holding a company responsible for its former business unit’s withdrawal liability under a multiemployer pension plan without proper notice. In its brief, NCLC argued that the opportunity to challenge withdrawal liability should not be waived based on a boilerplate proof of claim filed in bankruptcy court that does not meet the statutory notice requirements. The case raises serious risks for all companies that have engaged or will engage in business acquisitions or dispositions, whether through stock sales, mergers, spin-offs or asset sales. Businesses need workable rules specifying when they can be liable for the subsequent withdrawals of their former business units that go into bankruptcy.

Case Documents