FEINBERG v. RM ACQUISITION, LLC

No. 10-1890.

629 F.3d 671 (2011)

Henry FEINBERG, et al., Plaintiffs-Appellants, v. RM ACQUISITION, LLC, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided January 6, 2011.


Attorney(s) appearing for the Case

Mark D. DeBofsky , Attorney (argued), Daley, DeBofsky & Bryant, Chicago, IL, for Plaintiffs-Appellants.

Mark A. Casciari , Attorney (argued), Seyfarth Shaw LLP, Chicago, IL, for Defendant-Appellee.

Before POSNER, FLAUM, and SYKES, Circuit Judges.


POSNER, Circuit Judge.

This appeal from the dismissal of a suit under ERISA requires us to consider the rights of participants in a retirement plan when the plan's sponsor sells all the assets out of which plan benefits might be paid and distributes the proceeds of the sale, thereby becoming a shell, but the buyer does not assume any of the seller's liabilities under the plan. Such cases are rare because retirement plans ordinarily must be funded, and a funded plan...

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