http://www.concurringopinions.com/archives/2009/06/veil-piercing-and-erisa-litigation.html The Law, the Universe, and Everything Tue, 14 Feb 2012 14:29:40 +0000 hourly 1 http://wordpress.org/?v=3.2.1 http://www.concurringopinions.com/archives/2009/06/veil-piercing-and-erisa-litigation.html/comment-page-1#comment-64204 James Shaw Mon, 22 Jun 2009 11:46:28 +0000 http://www.concurringopinions.com/?p=17221#comment-64204 Typically, union funds (which are in fact jointly managed employer-union funds) have a fiduciary duty to collect all the monies owed to the fund. Hence the litigation. Filing in federal court is typically a time-saver, given that these cases would just be removed if brought in state court. I think the "hammer" theory is wrong, primarily because these suits are not in fact brought by the union, but by the labor-management trust (with equal numbers of labor and management appointed trustees), with the goal being to get the money owed the fund. These cases don't settle before filing typically because the defendant does not pay absent a court order, particularly if they are going out of biz. Typically, union funds (which are in fact jointly managed employer-union funds) have a fiduciary duty to collect all the monies owed to the fund. Hence the litigation. Filing in federal court is typically a time-saver, given that these cases would just be removed if brought in state court. I think the “hammer” theory is wrong, primarily because these suits are not in fact brought by the union, but by the labor-management trust (with equal numbers of labor and management appointed trustees), with the goal being to get the money owed the fund. These cases don’t settle before filing typically because the defendant does not pay absent a court order, particularly if they are going out of biz.

]]> http://www.concurringopinions.com/archives/2009/06/veil-piercing-and-erisa-litigation.html/comment-page-1#comment-64139 Jessica Erickson Tue, 16 Jun 2009 19:20:44 +0000 http://www.concurringopinions.com/?p=17221#comment-64139 I don't know, but as someone who is similarly enmeshed in docket research, I wonder if you could simply ask one of the law firms involved. It is obviously possible that they won't talk to you, but if you ask several, I bet that you could get at least a brief explanation from one or two. It wouldn't give you perfect insight, but it would be better than any hunch. I don’t know, but as someone who is similarly enmeshed in docket research, I wonder if you could simply ask one of the law firms involved. It is obviously possible that they won’t talk to you, but if you ask several, I bet that you could get at least a brief explanation from one or two. It wouldn’t give you perfect insight, but it would be better than any hunch.

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