Einhorn v. M.L. Ruberton Construction Company, No. 09-4204; Third Circuit; opinion by Sloviter, U.S.C.J.; filed January 21, 2011. Before Judges Sloviter, Barry and Smith. On appeal from the District of New Jersey. [Sat below: Judge Irenas.] DDS No. 25-8-0764 [18 pp.]
This appeal examines the circumstances in which a purchaser of assets bears liability for delinquent employee benefit fund contributions under the Employee Retirement Income Security Act (ERISA) as a successor in interest to the seller of those assets. Appellant William Einhorn, on behalf of employee benefit funds established pursuant to ERISA, brought suit to recover unpaid contributions from appellee M.L. Ruberton Construction Company. Einhorn is the administrator of the Teamsters Pension Trust Fund and Welfare Fund of Philadelphia and Vicinity (the funds). According to Einhorn, Ruberton was obligated to contribute to the benefit funds under two collective-bargaining agreements (CBAs) as a successor employer to the original signatory, Statewide Hi-Way Safety Inc.
