Lowenstein Sandler’s Litigation practice prevailed before the U.S. Court of Appeals for the 2nd Circuit, which upheld a grant of summary judgment and an award of over $3.7 million on behalf of our clients. In the underlying action, Silverman, et al. v. Teamsters Local 210, et al., our clients, the Union Mutual Medical Fund and its trustees (UMMF), brought suit against the Teamsters Local 210 Affiliated Health and Insurance Fund and its trustees (210 Fund), for contributions owed pursuant to various collective bargaining agreements. The district court granted our clients’ request to amend their complaint to assert claims under the Labor Management Relations Act (LMRA), granted our motion for summary judgment, and ordered the defendants to pay the monies owed, including pre- and post-judgment interest. Upon appeal by the defendants, the appellate court found that, contrary to defendants’ assertions, the district court’s grant of permission for our clients to assert LMRA claims did not impermissibly exceed the scope of an earlier 2nd Circuit decision. In addition, the 2nd Circuit here rejected defendants’ argument that the district court lacked subject matter jurisdiction under the LMRA. Finally, the court found no merit to defendants’ argument that the district court erred when it refused to recalculate prejudgment interest. 

The Lowenstein team included Robert J. Kipnees, Michael A. Kaplan, Andrew Graw, Rebecca Ryan, and Valerie Taboada. 

This case was covered in Law360. (subscription required to access article)

Update: On August 9, 2018, the U.S. Court of Appeals for the Second Circuit rejected a request by the Teamsters Local 210 Affiliated Health and Insurance Fund and its trustees that the court reconsider its June 2018 decision. See Law360 coverage. (subscription required to access article)