In plaintiffs’ lawsuit against defendants employers brought under LMRA and ERISA, district court’s grant of defendants’ motion for summary judgment is reversed and remanded with instructions to enter summary judgment in favor of plaintiffs as a finding of employer intent is not essential or prerequisite to imposition of alter ego status, but is merely one of the relevant factors which the courts can consider.     

Read Tr. of the Detroit Carpenters Fringe Benefit Funds v. Indus. Contracting, LLC, No. 08-1457

Argued: March 11, 2009

Decided and Filed: September 17, 2009

Judges

Opinion by Judge Daughtrey

Counsel

For Appellant:  Walter B. Fisher Jr., Fildew Hinks, PLLC, Detroit Michigan

For Appellee:  Steven A. Wright, Steven A. Wright, PC., Shelby Township, Michigan

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