Silverman v. Teamsters Local 210 Affiliated Health & Ins. Fund., No. 13-392 (2d Cir. 2014)Annotate this Case
The UMM Fund filed suit asserting three claims against the 210 Fund. The district court construed all three claims as pleading causes of action under section 502 of ERISA, 29 U.S.C. 1132(a)(3)(B), which provides a federal civil cause of action to an ERISA plan fiduciary to obtain equitable relief for harms resulting from violations of the terms of an ERISA plan and ERISA. The court concluded that the Section 515 claim was properly dismissed because the 210 Fund is not an employer and the 210 Fund's payments to the UMM Fund were not made in the interest of an employer; the district court erred in granting summary judgment in favor of the UMM Fund on its first two claims because the terms of each collective bargaining agreement (CBA) were not terms of an ERISA plan; and, although the UMM Fund has failed to state a claim under ERISA, the first two claims in the Amended Complaint can be construed as state law breach-of-contract claims. Accordingly, the court affirmed in part, vacated in part, and remanded for further proceedings.