6th Circuit Successor Liability Finding Was Error, Petitioners Say

Mealey's (April 8, 2019, 9:08 PM EDT) -- WASHINGTON, D.C. — In an April 2 request for certiorari, two petitioners argue that a finding by a divided Sixth Circuit U.S. Court of Appeals of successor liability under the Employee Retirement Income Security Act conflicts with other circuits and runs afoul of the U.S. Supreme Court’s “repeated admonition that federal courts are not to create federal common law to rewrite federal statutes” (September Ends Co., et al. v. Pension Benefit Guaranty Corp., No. 18-1265, U.S. Sup.)....