PENSION BENEFIT GUARANTY CORPORATION

v.

YAHN & MCDONNELL, INC., ET AL.

Citator

Cited By (19 total)

• Eurus Kelly Waters v. Thomas, 46 F.3d 1506 (11th Cir. 1995)
  …e issue of whether the jury instructions themselves contravened Caldwell. See generally, Mulligan v. Kemp, 818 F. 2d 746, 748 (11th Cir.) (rejecting Caldwell attack on jury instructions similar to the ones in this case), cert. denied, 481 U.S. 1043, 107 S.Ct. 2171, 95 L.Ed.2d 828 (1987). At oral argument, when Waters’ present counsel was asked if he had made a deliberate strategic decision not to raise a Caldwell jury instruction claim as a separate issue, he said: "I’m afraid I did.” . See note 5 infra. .…
• Concrete Pipe & Prods. of Cal., Inc. v. Constr. Laborers Pension Tr. for S. Cal., 508 U.S. 602 (U.S. 1993)
  …provided by § 1401, the MPPAA is unconstitutional because it denies Concrete Pipe an impartial adjudicator. This is not the first time this legal question has been before the Court. See Pension Benefit Guaranty Corporation v. Yahn & McDonnell, Inc., 481 U. S. 735 (1987), aff’g by an equally divided Court United Retail & Wholesale Employees Teamsters Union Local No. 115 Pension Plan v. Yahn & McDonnell, Inc., 787 F. 2d 128 (CA3 1986). [*616] A Concrete Pipe and its amici point to several potential sources of…

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• Bruch v. Firestone Tire & Rubber Co. & Firestone Tire & Rubber Co. Ret. Plan for Salaried Emps. & Firestone Tire & Rubber Co. Stock Purchase & Sav. Plan, 828 F.2d 134 (3d Cir. 1987)
  …out of the pension context, rely on similar principles. One such case in the pension area is Teamsters Local 115 v. Yahn & McDonnell, Inc., 787 F. 2d 128 (3rd Cir.1986), affirmed without opinion by an equally divided Court, — U.S. -, 107 S.Ct. 2171, 95 L.Ed.2d 692 (1987). There we struck down one part of the arbitration provisions of the Multiemployer Pension Plan Amendments Act because it violated the due process clause of the Fifth Amendment. Pursuant to MPPAA, plan trustees — who had a fiduciary duty to ma…