You are viewing a free summary from Descrybe.ai. For citation checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.

Cement & Concrete Workers District Council Welfare Fund, Pension Fund, Legal Services Fund & Annuity Fund v. Lollo

Citation: 35 F.3d 29Docket: Nos. 941, 1142, Dockets 93-7845, -7847

Court: Court of Appeals for the Second Circuit; June 16, 1994; Federal Appellate Court

Narrative Opinion Summary

The case involves an appeal from the United States District Court for the Eastern District of New York concerning individual liability for violations of the Employee Retirement Income Security Act (ERISA) and breaches of a collective bargaining agreement. The original judgment held Steven and Jeffrey Lollo individually liable for unpaid contributions and union dues. However, the appellate court reversed the liability of Steven Lollo under ERISA, citing insufficient evidence of his operational control and direct involvement. The court upheld Jeffrey Lollo's liability for obligations under the 1987 collective bargaining agreement, finding his personal signature bound him due to explicit language in the contract. The case is remanded for further proceedings on unresolved factual disputes related to Steven Lollo's alleged fraudulent activities and the proper calculation of ERISA penalties solely based on the 1987 agreement. The legal principles examined include standards for summary judgment, individual liability under ERISA, and the interpretation of contractual obligations. Statutory damages under ERISA are discussed in the context of fiduciary responsibilities and the definition of an 'employer' under § 1145.

Legal Issues Addressed

Contractual Obligations and Personal Liability

Application: Jeffrey Lollo is held personally liable under the 1987 CBA due to explicit language in the agreement binding him personally, while other Lollo defendants are not found liable due to lack of clear intent or signature.

Reasoning: Article XXV of the agreement establishes that the signatory binds himself, the Employer, and its principals through his signature, indicating personal liability for the Employer's obligations under the Agreement.

Fiduciary Actions and Fraud under ERISA

Application: The court remands claims against Steven Lollo due to unresolved factual disputes regarding his knowledge and intent concerning fraudulent requisitions, emphasizing the need for clear evidence of fraudulent intent.

Reasoning: There are factual disputes about Steven's knowledge of the false requisition forms and his intent to commit fraud.

Individual Liability under ERISA

Application: The court distinguishes between mere corporate titles and operational control when determining personal liability under ERISA, ultimately reversing Steven Lollo's liability due to insufficient evidence of his involvement in the alleged wrongdoing.

Reasoning: The district court must evaluate the officer's actual involvement in the company's misconduct, not just their corporate position.

Statutory Damages under ERISA

Application: The court affirms that statutory damages are contingent on the successful enforcement of obligations under § 1145, with Jeffrey Lollo qualifying as an 'employer' due to personal assumption of the 1987 CBA obligations.

Reasoning: Jeffrey Lollo personally assumed the obligations of Lollo, Inc. by signing the 1987 Collective Bargaining Agreement (CBA), which created a contractual obligation to make pension contributions independent of ERISA.

Summary Judgment Standards

Application: The court applies the standard for summary judgment requiring the absence of genuine disputes of material fact, leading to the remand of certain claims for further examination.

Reasoning: To succeed in a motion for summary judgment, the moving party must demonstrate the absence of genuine material factual disputes and establish entitlement to judgment as a matter of law, as outlined in Celotex Corp. v. Catrett.