green
Positive treatment
Quoted verbatim 1×
19.9 score
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Top citers, strongest first. 5 distinct citers.
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discussed
Cited as authority (verbatim quote)
Krupka v. TF Cornerstone, Inc.
hen courts interpret cbas, traditional rules of contract interpretation apply as long as they are consistent with federal policies
discussed
Cited as authority (rule)
Timothy J. Golden v. Verizon New York, Inc.
Doyle v. United Airlines, Inc., 914 F. Supp. 2d 325, 337 (E.D.N.Y. 2012) (“Where, as here, a plaintiff has not identified any source of her claimed contract rights other than a collective bargaining agreement, plaintiff’s 6 claims must be construed as preempted by LMRA § 301.”); Cummings v. City of New York, 302 F. Supp. 3d 511, 529 (S.D.N.Y. 2017); Sullivan v. Gelb, 735 F. Supp. 3d 282 , 301 (S.D.N.Y. 2024).
discussed
Cited as authority (rule)
Division 1181 Amalgamated Transit Union - New York Employees Pension Fund v. New York City Department of Education
Section 515 of ERISA provides: Every employer who is obligated to make contributions to a multiemployer plan under the terms of the plan or under the terms of a collectively bargained agreement shall, to the extent not inconsistent with law, make such contributions in accordance with the terms and conditions of such plan or such agreement. (emphasis added) “Thus, to be liable under Section 515, a defendant must (1) have contribution obligations that arise from either a ‘plan’ or a ‘collectively bargained agreement’ and (2) be an ‘employer’ within the meaning of ERISA.” Cummings…
discussed
Cited as authority (rule)
Delia v. UBS Financial Services Inc.
State Law Claims “With certain exceptions, ERISA preempts ‘any and all State laws insofar as they may now or hereafter relate to any employee benefit plan’ covered by ERISA.” Cummings v. City of New York, 302 F. Supp. 3d 511,528 (S.D.N.Y. 2017) (quoting 29 U.S.C. § 1144 (a)); accord McCulloch Orthopaedic Surgical Servs., PLLC v. Aetna Inc., 857 F.3d 141, 145 (2d Cir. 2017) (ERISA “completelypreempts any state-law cause of action that duplicates, supplements, or supplants an ERISA remedy.”) (quotationmarks omitted).
discussed
Cited "see, e.g."
Durso v. Andover Subacute and Rehabilitation
Volante Corporation, the Second Circuit held that the defendant employer was bound by multiple CBAs that it never signed because its conduct, which included “contribut[ing] to the Fund at the rate prescribed by the unsigned CBAs” and sending a letter to the plaintiff fund trustees “acknowledg[ing] a responsibility to the funds that [it was] not skirting,” “manifested an intent to adopt, or agree to, the unsigned CBAs.” 194 F.3d at 353 , 55– 56; see also Cummings v. City of New York, 302 F. Supp. 3d 511, 525 (S.D.N.Y. 2017) (finding “@limecrestrehab.com” email addresses regard…
Retrieving the full opinion text from the archive…
Cynthia CUMMINGS, Raglan George, Jr., Betty Powell, Carolyn Cox, Luz Santiago, Gina Rusch, Andre Lake, and Cynthia McCright, as Trustees of the District Council 1707, Local 95 Head Start Employees Welfare Fund
v.
The CITY OF NEW YORK and The New York City Administration for Children's Services, Ronald E. Richter, Commissioner
v.
The CITY OF NEW YORK and The New York City Administration for Children's Services, Ronald E. Richter, Commissioner
Sep 29, 2017.
302 F. Supp. 3d 511
*515James William Versocki, John H. Byington, III, Archer, Byington, Glennon & Levine, LLP, Melville, NY, Barbara A. Jaccoma, Brooklyn, NY, for Plaintiffs., Christopher Matthew Bletsch, Susan Ann Marie Turk, New York City Law Department, Michael S. Adler, Christina Chung, NYC Law Department, Office of the Corporation Counsel, Rachel Brothman Kane, Cooley LLP, New York, NY, for Defendants., RONNIE ABRAMS, United States District Judge *516Plaintiffs are the Trustees of the District Council 1707, Local 95 Head Start Employees Welfare Fund (the \Local 95 Fund\" or the \"Fund\")
Defs.' 56.1 ¶ 5; Pls.' 56.1 ¶ 5.2 The program is funded at least in part by federal grants. See Defs.' 56.1 ¶ 6; Pls.' 56.1 ¶ 6. ACS does not provide Head Start services directly; instead | a multiemployer plan within the meaning of the Employee Retirement Income Security Act of 1974 (\"ERISA\"). Plaintiffs allege that Defendants
Citer courts: W.D. New York (7)
SO ORDERED.