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LABORERS' PENSION FUND v. LAY-COM, INC.

Nos. 06-3711, 06-3821 & 07-1071.

580 F.3d 602 (2009)

LABORERS' PENSION FUND, Laborers' Welfare Fund of the Health and Welfare Department of the Construction and General Laborers' District Council of Chicago and Vicinity, and James S. Jorgensen, Administrator of the Funds, Plaintiffs-Appellees/Cross-Appellants, v. LAY-COM, INC., an Illinois Corporation, Lord & Essex, Inc., an Illinois Corporation, and John J. Popp Jr., as Trustee of the Irrevocable Lay Trust Dated December 26, 1995, Defendants-Appellants, and John J. Popp, Jr., individually, Defendant/Cross-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided September 2, 2009.

Attorney(s) appearing for the Case

Patrick T. Wallace (argued), Chicago, IL, for Plaintiffs-Appellees/Cross-Appellants.

Timothy D. Elliott (argued), Rathje & Woodward, Wheaton, IL, for Defendants-Appellants.

Before CUDAHY, MANION and TINDER, Circuit Judges.

CUDAHY, Circuit Judge.

The Laborers' Pension funds won a default judgment against M.A. King Construction, Inc. and King & Larsen Construction, Inc., as well as against Mike King, a director and officer of both companies. Those defendants were judgment proof, so the funds added new defendants in an amended complaint. The district court found some of the new defendants, Lay-Com, Inc., Lord & Essex, Inc. and the Lay Trust—but not John Popp Jr., an individual...

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