Cement and Concrete Workers District Council Welfare Fund v. Metro Foundation Contractors, No. 11-1214 (2d Cir. 2012)Annotate this Case
Plaintiffs sued Metro to recover contributions owed pursuant to the Employer Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. 1145. Metro challenged the damages award, arguing that the method set forth in the collective bargaining agreement resulted in an impermissibly speculative damages award. The court disagreed and held that the parties were free to agree to an alternative method of calculating damages without offending the requirement that damages be proven with "reasonable certainty." Accordingly, the court affirmed the judgment.