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DIV. 1181 AMALGAMATED v. NY CITY DEPT. OF EDUC.

No. 20-4012-cv August Term 2020.

9 F.4th 91 (2021)

DIVISION 1181 AMALGAMATED TRANSIT UNION-NEW YORK EMPLOYEES PENSION FUND, and Its Board of Trustees, Plaintiff-Appellant, v. NEW YORK CITY DEPARTMENT OF EDUCATION, Jofaz Transportation, Inc., Allied Transit Corp., Pride Transportation Services, Inc., Quality Transportation Corp., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: August 13, 2021.

Attorney(s) appearing for the Case

Jeffrey S. Swyers ( Richard Scott Siegel , on the brief), Slevin & Hart, P.C., Washington, DC, for Plaintiff-Appellant.

Melissa D. Hill ( Michael Fleming and Hanna Martin , on the brief), Morgan, Lewis & Bockius LLP, New York, NY, for Defendant-Appellee New York City Department of Education.

Richard I. Milman ( Netanel Newberger , on the brief), Milman Labuda Law Group, PLLC, Lake Success, NY, for Defendants-Appellees Jofaz Transportation, Inc. and Allied Transit Corp.

Michael A. Kaplan ( Robert J. Kipnees , on the brief), Lowenstein Sandler LLP, Roseland, NJ, for Defendants-Appellees Pride Transportation Services, Inc. and Quality Transportation Corp.

Before: Leval, Cabranes, and Park, Circuit Judges.

This case principally presents one question: Whether Plaintiff-Appellant Division 1181 Amalgamated Transit Union-New York Employees Pension Fund and its Board of Trustees (the "Fund") plausibly stated a claim for delinquent contributions under the Employee Retirement Income Security Act of 1974

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