Mealey's (September 6, 2018, 10:38 AM EDT) -- CINCINNATI — The majority of the Sixth Circuit U.S. Court of Appeals on Sept. 4 reversed and remanded a district court’s ruling that a trust created by a company’s founder is not liable for the underfunding of the company’s pension plan after determining that the lower court applied the wrong test in determining whether the trust can be held liable as a “trade or business” for the more than $30 million in pension plan losses incurred after the company ceased operations (Pension Benefit Guaranty Corp. v. Findlay Industries Inc., et al., No. 17-3520, 6th Cir., 2018 U.S. App. LEXIS 25071)....