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U.S. FOODSERVICE v. TRUCK DRIVERS & HELPERS LOCAL

No. 12-1108.

700 F.3d 743 (2012)

U.S. FOODSERVICE, INC., Plaintiff-Appellee, v. TRUCK DRIVERS & HELPERS LOCAL UNION NO. 355 HEALTH & WELFARE FUND, Defendant-Appellant, and Truck Drivers & Helpers Local 355 Retirement Pension Plan; Trustees of the Truck Drivers & Helpers Local Union No. 355 Retirement Pension Plan; Trustees of the Truck Drivers & Helpers Local Union No. 355 Health and Welfare Fund; Benefits Administration Corporation, Inc., Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: November 30, 2012.

Attorney(s) appearing for the Case

ARGUED: Paul Douglas Starr , Abato, Rubenstein & Abato, PA, Baltimore, Maryland, for Appellant. Stefan Jan Marculewicz , Littler Mendelson PC, Washington, D.C., for Appellee. ON BRIEF: Corey S. Bott , Meghan Horn , Abato, Rubenstein & Abato, PA, Baltimore, Maryland, for Appellant. Steven E. Kaplan , Littler Mendelson PC, Washington, D.C., for Appellee.

Reversed and remanded by published opinion. Judge WILKINSON wrote the opinion, in which Judge KEENAN and Judge DIAZ joined.

OPINION

WILKINSON, Circuit Judge:

The Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1001 et seq., provides that assets of an ERISA plan "shall never inure to the benefit of any employer and shall be held for the exclusive purposes of providing benefits to participants in the plan and their beneficiaries and defraying reasonable expenses of administering the plan." 29 U.S.C. § 1103(c)(1). As an exception to this general rule...

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