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Division 1181 Amalgamated Transit Union—New York Employees Pension Fund v. D & A Bus Co.

E.D.N.Y.September 12, 2017No. 16-CV-5014 (DRH)(AKT)Cited 63 times
Plaintiff WinD & A Bus Company, Inc.$733,632.33 awarded
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Case Details

Judge(s)
Hurley, Tomlinson
Status — whether other courts must follow this ruling
Published
Procedural Posture — the stage the case had reached
default judgment

Related Laws

No specific laws identified for this ruling.

Outcome

Default judgment was granted against D & A Bus Company for failing to respond to the complaint. The plaintiff pension fund was awarded $575,545 in withdrawal liability, $38,732.30 in accrued interest, $115,109 in liquidated damages, $3,806 in attorneys' fees, $846.03 in costs, and injunctive relief requiring the company to provide a complete list of entities under its common control.

What This Ruling Means

**Bus Company Owes Pension Fund Over $730,000 After Ignoring Lawsuit** This case involved D & A Bus Company's failure to pay money it owed to a union pension fund. When the company withdrew from the pension plan that covered its transit workers, it became legally required to pay "withdrawal liability" - essentially compensation to help cover the pension benefits promised to workers who had already earned them. The pension fund sued D & A Bus Company to collect this money, but the company completely ignored the lawsuit and never responded in court. Because of this, the court automatically ruled in favor of the pension fund through what's called a "default judgment." The court ordered D & A Bus Company to pay a total of $733,632.33, which included the original $575,545 owed to the pension fund, plus interest, additional penalties, legal fees, and court costs. The company must also provide a complete list of any related businesses it controls. **What this means for workers:** This case shows that employers cannot simply walk away from their pension obligations without consequences. Even when companies try to avoid responsibility by ignoring legal proceedings, courts will enforce pension protections and make employers pay what they owe to secure workers' retirement benefits.

This summary was generated to explain the ruling in plain English and is not legal advice.

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