In a case involving an ERISA-covered plan, the parties’ briefs on the motion to dismiss assumed that Virginia law applies to the corporate veil piercing claim. Supplemental briefing was ordered on whether the federal common-law standard should instead apply, and ...

Tagged with: Judge M. Hannah Lauck Labor U.S. District Court - Eastern District

The Employee Retirement Income Security Act of 1974 preempts a suit contesting a multimillion-dollar withdrawal liability owed to the trade association that offers the pension plan because the claims challenge the plan’s terms as violative of ERISA. The plaintiffs could ...

Tagged with: Judge T.S. Ellis III Labor U.S. District Court - Eastern District

Whether a spouse who died lacked the mental capacity to enter into a marriage could not be challenged because under Virginia law, even assuming a decedent was mentally handicapped, the marriage could not be collaterally attacked after one spouse’s death. ...

Tagged with: Judge Henry Coke Morgan Jr. Labor U.S. District Court - Eastern District

Although a restaurant worker accepted an offer of judgment of $6,500 just six weeks after he filed his complaint for nonpayment of overtime wages, the time incurred by his attorneys was reasonable, as were their rates of $495 and $460 ...

Tagged with: Judge Claude M. Hilton Labor U.S. District Court - Eastern District

A bank’s post-judgment argument that the Secretary of Labor could not seek damages on behalf of an employee stock ownership plan, or ESOP, was contrary to the plain language of the statute and controlling precedent. Background The Secretary of Labor ...

Tagged with: Judge Norman K. Moon Labor U.S. District Court - Western District

After almost two years of litigation between a scaffolding company and its employees, a settlement was proposed. Because the agreement would give the named and opt-in plaintiffs the majority of their claimed overtime pay, there was no suggestion of collusion ...

Tagged with: Judge Rebecca Beach Smith Labor U.S. District Court - Eastern District

Where current and former employees suing Macado’s restaurants satisfied their relatively relaxed burden to show the putative class is “similarly situated,” the class was conditionally certified and notice must be provided to the putative class members. Background Plaintiffs, who are ...

Tagged with: Judge Norman K. Moon Labor U.S. District Court - Western District

Although the defendant never opposed the Secretary of Labor’s motion for default judgment, the district court denied it because the motion rested on “illogical and improbable” damages calculations. Background On March 23, 2018, plaintiff alleged violations of the Fair Labor ...

Tagged with: Judge Liam O'Grady Labor U.S. District Court - Eastern District

Although the United Mine Workers Benefit plan argued that Consol Energy’s change in benefits violated federal law, the alleged risk of harm to the beneficiaries was too speculative to confer standing. Background Consol Energy Inc. is required under the Coal ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Albert Diaz Labor

An employer that is a party to a collective bargaining agreement, and a separate company found to be its alter ago, are liable for unpaid contributions to benefit plans and other damages, including interest, liquidated damages, and attorney’s fees. Background ...

Tagged with: Judge Leonie Brinkema Labor U.S. District Court - Eastern District