The Penn Central Corporation v. Western Conference of Teamsters Pension Trust Fund

The Penn Central Corporation (“Penn Central”) appeals the district court’s summary judgment upholding an arbitration award in favor of the Western Conference of Teamsters Pension Trust Fund (the “Fund”) for “withdrawal liability” under section 4201 of the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1381 . This appeal presents two issues. First, we must decide whether Penn Central is exempt from withdrawal liability under 29 U.S.C. § 1398 . Second, we must decide whether an award of attorneys’ fees to the Fund was appropriate. We have jurisdiction pursuant to 28 U.S.C. § 1291 . The district court had jurisdiction pursuant to 29 U.S.C. § 1451 . We affirm.

I

The Multiemployer Pension Plan Amendments Act of 1980 (“MPPAA”), 29 U.S.C. §§ 1381-1453 , amended ERISA to provide that “[i]f an employer withdraws from a multiemployer plan in a complete or partial withdrawal, then the employer is liable to the plan in the amount determined under this part to be the withdrawal liability.” 29 U.S.C. § 1381 . See also Concrete Pipe & Products v. Construction Laborers Pension Trust, 508 U.S. 602 ,---, 113 S.Ct. 2264, 2271-2274 , 124 L.Ed.2d 539 (1993). Before…