Greater St. Louis Construction, et al v. Park-Mark, Inc., No. 11-3746 (8th Cir. 2012)Annotate this Case
The 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.