NATIONAL RETIREMENT FUND v. METZ CULINARY MANAGE.

Docket No. 17-1211-cv August Term, 2017.

946 F.3d 146 (2020)

The NATIONAL RETIREMENT FUND, Each ON BEHALF OF the LEGACY PLAN OF the NATIONAL RETIREMENT FUND, Board of Trustees of the National Retirement Fund, Each on Behalf of the Legacy Plan of the National Retirement Fund, Plaintiffs-Counter-Defendants-Appellees, v. METZ CULINARY MANAGEMENT, INC., Defendant-Counter-Claimant- Appellant.

United States Court of Appeals, Second Circuit.

Decided: January 2, 2020.


Attorney(s) appearing for the Case

JACOB M. ROTH (Jones Day, Washington, D.C.) Robert Litvin (Pisner, Litvin, LLP, on the brief), Bala Cynwyd, PA, for Defendant - Counter - Claimant - Appellant.

RONALD E. RICHMAN (Schulte Roth & Zabel LLP, on the brief), New York, New York, for Plaintiffs - Counter - Defendants - Appellees.

Robert R. Perry , Todd H. Girshon (Jackson Lewis P.C.), New York, New York, for Amicus Curiae Joseph Abboud Manufacturing Corp. and Waterford Hotel Group, Inc.

Before: WINTER, LIVINGSTON, and CHIN, Circuit Judges.


Metz Culinary Management, Inc., a contributing employer to the National Retirement Fund, appeals from Judge Caproni's decision vacating Arbitrator Ira F. Jaffe's award. His award held that appellees improperly calculated appellant's withdrawal liability based on interest rate assumptions adopted in 2014 after appellant withdrew...

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