Greater St. Louis Construction, et al v. Park-Mark, Inc., No. 11-3746 (8th Cir. 2012)
Annotate this CaseThe Funds brought this action to recover delinquent payments from Park-Mark under the Employee Retirement Income Security Act (ERISA), 29 U.S.C. 1001-1461. Park-Mark contended that it should not be liable for these delinquent payments because it mistakenly made significant overpayments that required a set-off and a refund. The court affirmed the district court's grant of summary judgment in favor of the Funds where the district court did not abuse its discretion by holding that its initial order granting summary judgment disposed of Park-Mark's claim for restitution and the district court properly granted summary judgment in favor of the Funds where equity did not favor a refund on the facts.
Court Description: Civil Case - ERISA. District court did not err in granting summary judgment to welfare funds for delinquent payments by employer. District court did not abuse its discretion in dismissing employer's counterclaim that it was entitled to refund for overpayments, as the same issues were involved in the set-off defense and disposed by the court. District court did not err in concluding equity did not favor a set-off or restitution because employer did not refute proof the overpayments adversely affected employees, the delay in bringing claim was inexcusable, and no evidence of unjust enrichment was presented. [ November 21, 2012
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