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Tag Archives: Labor

Employer can’t dispose of calculation-of-benefits suit (access required)

Although an employer argued its method of calculating benefits for retirees electing joint and survivor annuities under its defined benefit retirement plan was reasonable under the Employee Retirement Income Security Act, testimony from the plaintiff’s expert witness about the appropriate ...

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Volvo’s change in position does not warrant court intervention (access required)

Volvo’s change in legal position as to whether its direct payments to union employees under a collective bargaining agreement violate the Labor Management Relations Act, or LMRA, does not give rise to a case or controversy warranting court intervention as ...

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Briefing ordered on legal standard for piercing corporate veil (access required)

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 ...

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ERISA preempts suit over pension withdrawal liability (access required)

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 ...

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In ERISA case, marriage can’t be attacked after spouse’s death (access required)

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. ...

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Employees’ overtime pay suit resolved via settlement (access required)

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 ...

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Class certified for Fair Labor Standards Act suit against restaurant (access required)

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 ...

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