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HEAVENLY HANA v. HOTEL UNION & HOTEL INDUS. HAWAII

No. 16-15481.

891 F.3d 839 (2018)

HEAVENLY HANA LLC, dba Travaasa Hotel Hana; Green Tea LLC, dba Green Tea Management LLC; Amstar-39, LLC, Plaintiffs-Counter-Defendants-Appellees, v. HOTEL UNION & HOTEL INDUSTRY OF HAWAII PENSION PLAN, Defendant-Counter-Claimant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed June 1, 2018.

Attorney(s) appearing for the Case

Kimberley C. Weber (argued), Sarah Grossman-Swenson, and Steven L. Stemerman, McCracken Stemerman & Holsberry LLP, San Francisco, California, for Defendant-Appellant.

Wendy McGuire Coats (argued), Fisher & Phillips LLP, San Francisco, California, for Plaintiffs-Appellees.

Before: Sidney R. Thomas, Chief Judge, and Raymond C. Fisher and Michelle T. Friedland, Circuit Judges.

OPINION

We consider in this case whether a company must assume the unpaid withdrawal liability of its predecessor to a multiemployer pension plan if it was on constructive notice of potential withdrawal liability. We conclude that it must, and we reverse the judgment of the district court.

I

A multiemployer...

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