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LAND v. CHICAGO TRUCK DRIVERS UNION

Nos. 93-2454 & 93-2463.

25 F.3d 509 (1994)

Tommy LAND, Plaintiff-Appellant, Cross-Appellee, v. CHICAGO TRUCK DRIVERS, HELPERS AND WAREHOUSE WORKERS UNION (INDEPENDENT) HEALTH AND WELFARE FUND, Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided May 26, 1994.

Attorney(s) appearing for the Case

John B. Cashion (argued), Chicago, IL, for Tommy Land.

Joseph M. Burns, David S. Allen (argued), Jacobs, Burns, Sugarman & Orlove, Chicago, IL, for Chicago Truck Drivers, Helpers and Warehouse Workers Union (Independent) Health and Welfare Fund.

Before POSNER, Chief Judge, ROVNER, Circuit Judge, and MIHM, District Judge.

ROVNER, Circuit Judge.

Tommy Land, a participant in the defendant self-funded, welfare-benefit plan, maintains that the Employee Retirement Income Security Act of 1974, as amended, 29 U.S.C. §§ 1001 et seq., is unconstitutional as applied. Land asserted two claims before the district court under a variety of constitutional theories. The court dismissed both claims pursuant to the Fund's motion but denied the Fund's request for Fed.R.Civ.P. 11 sanctions...

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