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CENTRAL LABORERS' v. NICHOLAS & ASSOCIATES

Nos. 2-10-0125, 2-10-0191.

956 N.E.2d 609 (2011)

353 Ill. Dec. 747

CENTRAL LABORERS' PENSION FUND, North Central Illinois Laborers' Health and Welfare Fund, Northern Illinois Annuity Fund, Illinois Laborers' and Contractors Joint Apprenticeship and Training Fund, Midwest Region Foundation for Fair Contracting, Inc., Northern Illinois Welfare Fund, Industry Advancement Fund, Laborers'-Employers Cooperation Education Trust, Vacation Fund, Market Promotion Fund, Organization Fund, and Laborers' Local 32, Plaintiffs-Appellants, v. NICHOLAS AND ASSOCIATES, INC., Defendants-Appellees (KMC Masonry, LLC, Defendant; The State of Illinois, Intervenor-Appellant). Laborers' Pension Fund, Laborers' Welfare Fund of the Health and Welfare Department of the Construction and General Laborers' District Council of Chicago and Vicinity, and James S. Jorgensen, Administrator of the Funds, Plaintiffs-Appellants, v. Nicholas and Associates, Inc., and Kaneland School District No. 302, Defendants-Appellees (KMC Masonry, LLC, Defendant; The State of Illinois, Intervenor-Appellant).

Appellate Court of Illinois, Second District.

September 2, 2011.

Attorney(s) appearing for the Case

John A. Wolters , Cavanagh & O'Hara LLP, Springfield, for Central Laborers' Pension Fund, Industry Advancement Fund, Laborers Local 32, Laborers'-Employers Cooperation Education Trust, Market Promotion Fund, Midwest Region Foundation for Fair Contracting, Inc., North Central Illinois Laborers' Health & Welfare Fund, Northern Illinois Annuity Fund, Northern Illinois Welfare Fund, Organizational Fund, Vacation Fund.

Lisa Madigan , Attorney General, State of Illinois, Michael A. Scodro , Solicitor General, Paul Berks , Assistant Attorney General, for State of Illinois.

Charles B. Lewis , Jeffrey L. Hamera , David I. Curkovic , Duane Morris LLP, Chicago, for Kaneland School District No. 302, Nicholas & Associates.

OPINION

Justice BURKE delivered the judgment of the court, with opinion.

¶ 1 These consolidated appeals present the issue of whether the Mechanics Lien Act (770 ILCS 60/0.01 et seq. (West 2010)) is preempted by the Employee Retirement Income Security Act of 1974 (ERISA) (29 U.S.C. § 1001 et seq. (2006)). In separate litigation involving the same general contractor and subcontractor on two construction projects, the circuit courts...

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