Greg Ossi Addresses First Circuit Argument Session in January With Law360

In “5 January Argument Sessions Benefits Attys Should Watch,” Law360 turned to benefits and executive compensation partner Greg Ossi for insight on a First Circuit panel that has set arguments in a company’s challenge to a pension fund bill, in a dispute over a settlement agreement involving withdrawal liability that the company negotiated through written agreements with the unions when it left a legacy retirement plan.

Ossi explained that he’s closely watching the case to see how the Second Circuit rules on how withdrawal liability rules under the Multiemployer Pension Plan Amendments Act (MPPAA) apply to a “private settlement agreement.”

A major question on appeal, Ossi noted, is whether the settlement agreement between the union and the company related to the withdrawal is subject to mandatory arbitration under the MPPAA or whether the company can dispute the bill by bringing a breach of contract claim in court.

Further, Ossi said he expects the First Circuit to reverse the lower court because “it is very clearly not an issue of MPPAA withdrawal liability, but rather pursuant to a settlement agreement.”

The full article is available for Law360 subscribers.