NESSE v. GREEN NATURE-CYCLE, LLC

No. 20-2365.

7 F.4th 769 (2021)

John NESSE, AS TRUSTEES OF the MINNESOTA LABORERS HEALTH AND WELFARE FUND and as Trustees of the Minnesota Laborers Pension Fund; Tim Mackey, as Trustees of the Minnesota Laborers Health and Welfare Fund, as Trustees of the Minnesota Laborers Pension Fund, as Trustees of the Minnesota Laborers Vacation Fund, and as Trustees of the Construction Laborers' Education, Training, and Apprenticeship Fund of Minnesota and North Dakota; Tammy Braastad, as Trustees of the Minnesota Laborers Vacation Fund; Fred Chase, as Trustees of the Construction Laborers' Education, Training, and Apprenticeship Fund of Minnesota and North Dakota; Mark Ryan, as Trustees of the Minnesota Laborers Employers Cooperation and Education Trust; Dave Borst, as Trustees of the Minnesota Laborers Employers Cooperation and Education Trust; the Minnesota Laborers Health and Welfare Fund; the Minnesota Laborers Pension Fund; the Minnesota Laborers Vacation Fund; the Construction Laborers', Education, Training, and Apprenticeship Fund of Minnesota and North Dakota; the Minnesota Laborers Employers Cooperation and Education Trust, Plaintiffs-Appellees v. GREEN NATURE-CYCLE, LLC, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: August 5, 2021.


Attorney(s) appearing for the Case

Amy Lu Court , Christy Elizabeth Lawrie , Carl S. Wosmek , McGrann & Shea, Minneapolis, MN, for Plaintiffs-Appellees.

Shannon L. Bjorklund , Forrest Kwahada Tandooahnippah , Dorsey & Whitney, Minneapolis, MN, for Defendant-Appellant.

Before SMITH, Chief Judge, SHEPHERD and GRASZ, Circuit Judges.


The trustees of five multi-employer fringe benefit funds sued Green Nature-Cycle, LLC under § 515 of the Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1145; and § 301 of the Labor Management Relations Act (LMRA), 29 U.S.C. § 185(a). The Trustees alleged that Green Nature failed to contribute...

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