Employers that withdraw from underfunded multiemployer pension plans must pay their share of the shortfall. They can invoke a process that 29 U.S.C. §1401(a) calls arbitration to dispute the plan’s assessments, “though unlike normal arbitration it is neither contractual nor consensual.” The Central States Pension Fund concluded that US Foods […]
Appellee Outland Renewable Energy, LLC (“Outland”) asserted numerous counterclaims, taking the position that the federal district court had federal question and supplemental jurisdiction to entertain those claims. The district court dismissed the counterclaims on the merits and denied Outland’s motion for leave to amend. On appeal, Outland asserted that the district court erred and […]
This appeal arises out of very complex litigation, the description of which Judge Posner decided to “simply ruthlessly” in his opinion. The background will be simplified even more ruthlessly here to include only the aspects directly relevant to appellate procedure. The overall case included a bankruptcy action in New York […]
The government may move to dismiss a criminal appeal in advance of full briefing under Federal Rule of Appellate Procedure 27. The government did so in this appeal, contending that the defendant waived his right to appeal when he pleaded guilty. In a brief opinion, Judge Posner expressed his view […]
This mortgage foreclosure action was dismissed for want of prosecution when the plaintiff failed to appear at a status hearing. On the same day, the defendant filed for bankruptcy. She received a bankruptcy discharge about 3 months later. After the bankruptcy stay was lifted, the plaintiff filed a motion to vacate […]
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