Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for FreeJ. Kelly grants the coal company owner's estate's and the company's subsidiaries' motion to dismiss the miners' pension plan's trustees' suit alleging that the coal company's withdrawal from a collective bargaining agreement during its 2019 bankruptcy proceedings left the subsidiaries with $6.5 billion in withdrawal liability. Under the agreement, for trustees to take action on behalf of the plan, that action requires agreement by one of two union trustees and one of two employer trustees. In this case, the employer trustee pursuing the action was not properly appointed as a trustee, having been appointed as an alternate only for the purpose of addressing matters related to the bankruptcy. That trustee was not a "successor" trustee or otherwise sufficiently authorized to bring this suit.