In International Painters and Allied Trades Industry Pension Fund v. Florida Glass of Tampa Bay, Inc., 2026 WL 191344 (4th Cir. Jan. 26, 2026, No. 25-1312), the Fourth Circuit held that the “contingent” proof of claim a multiemployer pension plan filed in a contributing employer’s bankruptcy did not constitute a “notice and demand” triggering
ERISA Litigation
Ninth Circuit Clarifies Withdrawal Liability Industry Rules
By Neil V. Shah & Alyssa Swanstrom on
The Ninth Circuit recently issued a pair of decisions clarifying how the rules governing withdrawal liability apply to employers in certain industries. In Walker Specialty Const., Inc. v. Bd. of Trs. of the Constr. Indus. & Laborers Joint Pension Tr. for S. Nev., No. 24-1560, 2026 WL 21743 (9th Cir. Jan. 5, 2026), the…
Fourth Circuit Overturns Class Certification of 401(k) Plan Investment Loss Case
By Russell Hirschhorn, Myron Rumeld & Jessica Wang on
In a ruling that upends conventional thinking on the standards for class certification of claims brought under ERISA section 502(a)(2), the Fourth Circuit overturned class certification of a lawsuit challenging the selection of 401(k) defined contribution plan investment funds. Trauernicht v. Genworth Fin. Inc., 2026 WL 667917 (4th Cir. Mar. 10, 2026). Drawing a…
Seventh Circuit Holds Asset Sale Does Not Require Exclusion of Contributions from Withdrawal Liability Calculation
By Neil V. Shah & Sydney Juliano on
When an employer withdraws from a multiemployer pension plan, its maximum annual payment is based on all contributions it was required to remit to the plan. In SuperValu Inc. v. United Food and Commercial Workers Unions and Employers Midwest Pension Fund, 155 F.4th 913 (7th Cir. Oct. 9, 2025), the Seventh Circuit affirmed that…