Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

The Retirement Plan of the Unite Here National Retirement Fund, and Noel v. Kombassan Holding A.S

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Argued: January 16, 2009

Be fore JACOBS, Chief Judge, KEARSE, and HALL, Circuit Judges.

Kombassan Holding A.S. (“Kombassan”) appeals from a judgment of the United States District Court for the Southern District of New York (Rakoff, J.) holding it liable to the Retirement Plan of the UNITE HERE National Retirement Fund and its trustees (the “Plan”) for withdrawal liability incurred by the entity Hit or Miss (“HOM”) pursuant to sections 502(a)(3) and 4301(a) of the Employee Retirement Income Security Act of 1974 (“ERISA”), codified at, 29 U.S.C. §§ 1132(a)(3), 1451(a), in a total amount, including prejudgment interest, exceeding one million dollars. Although Kombassan assigned its HOM shares to four Turkish corporations in order to avoid a Turkish law limiting overseas investments, because it continued to exercise complete control over HOM, we hold that Kombassan was an alter ego of HOM and is, therefore, responsible for its withdrawal liability.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
Complex Claims & Litigation Forum 2025
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More
Legalweek Leaders in Tech Law Awards 2025
March 24, 2025
New York, NY

Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives.


Learn More
Legalweek New York 2025
March 24, 2025 - March 27, 2025
New York, NY

Legalweek New York explores Business and Regulatory Trends, Technology and Talent drivers impacting law firms.


Learn More
Go to Events Go to Webcasts
President and Dean

Search for the President and Dean California Western School of Law San Diego, California California Western School of Law (California ...


Apply Now ›
Capital Markets Junior Associate (Flex Location/Hybrid Schedule)

Duane Morris LLP has an opening for an associate with 2-3 years of experience with strong capital markets and corporate transactional backgr...


Apply Now ›
(EXCLUSIVE) SENIOR BAD FAITH TRIAL COUNSEL WANTED FOR LEADING PROVIDER OF PROFESSIONAL LIABILITY INSURANCE (Atlanta, GA or Florida)

Our client, an established provider of professional liability insurance, has engaged us to identify a highly-qualified Senior Bad Faith Tria...


Apply Now ›
Go to Lawjobs