Arnold and Kadjan, LLP has been involved in the forefront of litigation topics.
Suburban Teamsters Pension Fund
v. The E Company, et al. 914 F.3d 1037 (7th Cir. 2019)
Million dollar withdrawal liability recovery against individual control group members' real estate holdings.
Trustees of the Chicago Painters v. John Kny Painting & Decorating 188 F. Supp. 3d 760 (N.D. Ill. 2016)
$3,126,133.66 judgment finding an employer to be an alter ego and liable for fringe benefit contributions.
Laborer Funds v. Concrete Structure 999 F.2d 1285 (7th Cir. 1993)
Enforcement of subcontractors debt against general contractor under short form agreement as a surety.
Martin v. Consultants & Administration 966 F.2d 1078 (7th Cir. 1991)
Established standards for ERISA statute of limitations Still the benchmark on the subject.
Glaziers Fund v. Gibson 33 EBC 1568 (7th Cir. 2004)
Mis-assignment to another trade did not relieve obligation to pay pay in lieu of work.
Naperville Ready Mix v. NLRB 242 F.3d 744 (7th Cir. 2000)
Refusal to bargain alter ego $1 million in backpay.
IBEW 176 v. Balmoral Racing Club 293 F.3d 402 (7th Cir.)
Court compels arbitration of subcontracting issue.
Colfax v. Illinois Toll Highway Authority 79 F.3d 631 (7th Cir. 1996)
Upholds states right to require union only bidders on highway project.
Caterpillar v. Lyons 318 F.Supp.2d 703 (C.D. Ill. 2004)
Pre-emption of Illinois Strike Breaker Act.
McDaniel v. University of Chicago U.S. Supreme Court
Established individual’s right of action under Fair Labor Standards Act.
Seritos v. CTA 505 N.E.2d 1034 (1987)
Common carrier did not owe duty to remove slush from steps of buses.
Painters Funds v. Royal, Darwan
In a case of first impression established Fund’s right to compute hours based upon a material audit. Argued before the Seventh Circuit.
Shales v. General Teamsters Local 330 557 F.3d 746 (7th Cir. 2009)
Union obtained imposition of fees against Plaintiff for bad faith pleading and vexatious delay. Case of first impression on 28 U.S.C. 1927.
McCleskey v. DLF Construction, Inc. 689 F.3d 677 (7th Cir. 2012)
Benefits owed for hours worked, even if not covered by scope of work of collective bargaining agreement.
McCleskey v. Gianino, 2012 U.S. Dist. LEXIS 104888
(S.D. Ind. July 27, 2012)
Found that an auditor's fringe benefit contribution delinquency findings are prima facie evidence sufficient to shift the burden to a contractor to produce evidence refuting the auditor's findings.