SILVERMAN v. TEAMSTERS LOCAL 210 AFFILIATED HEALTH

Docket Nos. 13-392-cv (L), 13-1175-cv (XAP).

761 F.3d 277 (2014)

Leon SILVERMAN, Trustee of the Union Mutual Medical Fund, Plaintiff-Appellee-Cross-Appellant, James Crowley, Trustee of the Union Mutual Medical Fund, Janet Sachs, Trustee of the Union Mutual Medical Fund, Herbert Pobiner, Trustee of the Union Mutual Medical Fund, Louis Flacks, Trustee of the Union Mutual Medical Fund, Paul Berkman, Trustee of the Union Mutual Medical Fund, Union Mutual Medical Fund, Plaintiffs-Counter-Defendants-Appellees-Cross-Appellants, Arthur Fishbein, Trustee of the Union Mutual Medical Fund, Plaintiff-Counter-Defendant, v. TEAMSTERS LOCAL 210 AFFILIATED HEALTH AND INSURANCE FUND, George Miranda, in his capacity as Trustee of the Allied Welfare Fund and in his capacity as Trustee of Teamsters Local 210 Affiliated Health and Insurance, Robert Bellach, in his capacity as Trustee of Teamsters Local 210 Affiliated Health and Insurance Fund, Anthony Cerbone, in his capacity as Trustee of Teamsters Local 210 Affiliated Health and Insurance Fund, Defendants-Appellants-Cross-Appellees, Crossroads Healthcare Management, LLC, Defendant-Counter-Claimant, Allied Welfare Fund, Charles Hall, Sr., in his capacity as Trustee of the Allied Welfare Fund, Martin Keane, in his capacity as Trustee of the Allied Welfare Fund, Thomas Mackell, Jr., in his capacity as Trustee of the Allied Welfare Fund, Martin Sheer, in his capacity as Trustee of the Allied Welfare Fund and in his capacity as Trustee of Teamsters Local 210 Affiliated Health and Insurance Fund, John Does 1-6 in their capacities as Trustees of Teamsters Local 210 Affiliated Health and Insurance Fund and Crossroads Healthcare Management, LLC, Defendants.

United States Court of Appeals, Second Circuit.

Decided: August 1, 2014.


Attorney(s) appearing for the Case

Thomas A. Thompson , Law Offices of Thomas A. Thompson, Yarmouth, ME, ( Roland Acevedo , Scoppetta Seiff Kretz & Abercrombie, New York, N.Y., on the brief), for Defendants-Appellants-Cross-Appellees.

Robert J. Kipnees ( Ryan J. Cooper , on the brief), Lowenstein Sandler LLP, Roseland, New Jersey, for Plaintiffs-Counter-Defendants-Appellees-Cross-Appellants.

Judge CALABRESI concurs in part and dissents in part in a separate opinion.


DENNIS JACOBS, Circuit Judge:

Under collective bargaining agreements ("CBAs") entered into by multiple employers with Teamsters Local Union No. 210 (the "Union"), the employers promised to contribute to the Teamsters Local 210 Affiliated Health and Insurance Fund ("210 Fund"), and the 210 Fund would, in turn, "unconditionally and irrevocably" transfer approximately 14 percent of the payments to another fund, the Union Mutual Medical Fund ("UMM Fund"), which provided...

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