OSBIG MAKES NEW LAW IN REGARD TO ERISA CLAIMS

In this case, OSBIG successfully argued to the U.S. District Court for the Easter District of Michigan that a court cannot award liquidated damages against an individual who is in violation of their ERISA fiduciary duties as they are not an employer as defined under 29 USC 1145.

Published Opinion at Operating Eng’rs’ Local 324 Fringe Ben Funds v J C Holly Contracting, Inc, 377 F Supp 3d 762 (ED Mich, 2019).

Opposing counsel Jeffrey M. Lesser.