12 results for 'cat:"ERISA" AND cat:"Damages"'.
J. Chen adopts a magistrate judge’s report and recommendation in full and enters partial default judgment against a landscaping and paving company, ruling it is liable for unpaid union benefit contributions. However, the court finds the pension funds request for damages to be excessive and directs it to renew its request with additional documentation to properly determine the amount the contractor ultimately owes.
Court: USDC Eastern District of New York, Judge: Chen, Filed On: March 30, 2024, Case #: 2:22cv5276, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: erisa, damages, Labor / Unions
J. Immergut grants the trust funds $187,800 in damages for their complaint accusing the sand and gravel supplier of not paying full fringe benefit contributions to the trust funds from August to December 2022 and skipping its remittance report in January 2023. The trust funds adequately show that the sand and gravel supplier is liable for their ERISA claim because of its delinquent contributions and the awarded damages equal the amount of unpaid fringe benefits and union dues, interest and liquidated damages.
Court: USDC Oregon, Judge: Immergut, Filed On: January 12, 2024, Case #: 3:23cv1060, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: erisa, damages, Labor
J. Seybert awards an annuity fund administrator $273,209 in ERISA withdrawal liabilities on its ERISA claims against a Manhattan-based real estate investment firm, along with $159,517 in prejudgment interest and $655,587 in attorney fees. The court further finds the firm’s principal personally liable for the claims and awards the administrator an additional $358,862 in damages, plus $404,029 in prejudgment interest.
Court: USDC Northern District of New York, Judge: Seybert, Filed On: December 6, 2023, Case #: 2:15cv4108, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: erisa, damages, Attorney Fees
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J. Lioi grants the employee's motion for default judgment, ruling the employer's failure to respond to any of the allegations renders it liable for over $9,000 in damages to cover medical expenses incurred after the employer terminated health insurance coverage despite promises it would remain in effect.
Court: USDC Northern District of Ohio, Judge: Lioi, Filed On: September 1, 2023, Case #: 5:22cv2038, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: erisa, damages, Fiduciary Duty
J. Chun partially grants default judgment to the labor-management employee-benefit trust funds for their claim that the corporation owes them $100,100 for unreported and unpaid contributions for the audit period between January 2020 and December 2021. The corporation never obtained substitute counsel to defend itself after its counsel withdrew and the trust funds calculated their damages for this period based on the auditor's declaration and the audit report, so they are entitled to damages.
Court: USDC Western District of Washington, Judge: Chun, Filed On: June 14, 2023, Case #: 2:21cv1040, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: erisa, Evidence, damages
J. Kuntz enters summary judgement in favor of a cement and concrete workers union on its ERISA claims against a construction company for unpaid fringe benefits contributions and union dues. The court finds the construction company admitted to its liability for the unpaid amounts when it failed to respond to the union’s request for admissions following audits of its financial records, along with its direct admissions in its responses to the union’s court filings. The union is awarded $421,568 in total damages.
Court: USDC Eastern District of New York, Judge: Kuntz, Filed On: June 12, 2023, Case #: 1:19cv2145, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: erisa, damages, Labor