Defenses Waived Under ERISA On Fund’s Notice Of Withdrawal Liability

(January 31, 2019, 10:03 AM EST) -- CHICAGO — A pension fund’s notice of withdrawal liability to a construction company and related entities did not violate their due process, the Seventh Circuit U.S. Court of Appeals held Jan. 29, finding that defendants received notice and were given a chance to arbitrate but failed to do so, resulting, by operation of the Employee Retirement Income Security Act, in a waiver of all defenses to withdrawal liability (Trustees of the Suburban Teamsters of Northern Illinois Pension Fund v. The E Co., et al., No. 18-2273, 7th Cir., 2019 U.S. App. LEXIS 2933)....

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