6th Circuit Panel Finds Withdrawal Liability Claims Barred By Res Judicata
Mealey's (November 7, 2016, 7:42 PM EST) -- CINCINNATI — A Sixth Circuit U.S. Court of Appeals panel on Oct. 31 affirmed dismissal of a lawsuit arguing that the Employee Retirement Income Security Act’s imposition of withdrawal liability on a pension fund was unconstitutional, saying the claims are barred by the doctrine of res judicata (Old Blast Inc., et al. v. Operating Engineers Local 324 Pension Fund, No. 16-1260, 6th Cir.; 2016 U.S. App. LEXIS 19745).