Laborers' Pension Fund et al v. Murphy Paving and Sealcoating Inc.
| Laborers' Pension Fund, Laborers' Welfare Fund of the Health and Welfare Fund of the Health and Welfare Department of the Construction and General Laborers' District Council of Chicago and Vicinity, Laborers' District Council Retiree Health and Welfare Fund and James S. Jorgensen |
| Murphy Paving and Sealcoating Inc. |
| 1:2016cv08043 |
| August 11, 2016 |
| US District Court for the Northern District of Illinois |
| Chicago Office |
| Cook |
| Rebecca R. Pallmeyer |
| Employee Retirement Income Security Act of 1974 |
| 28 U.S.C. ยง 1132 |
| None |
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Filing
124
MEMORANDUM Opinion and Order. In its counterclaim, Murphy Paving alleges no conduct attributable to the Funds that supports liability for tortious conduct. Counts I and III of Murphy Paving's counterclaim are preempted by Section 301 of the LMR A, and Count II is Garmon preempted because it alleges conduct by the District Council that arguably amounts to an unfair labor practice. Accordingly, the District Council and the Fund's motion to dismiss 96 Murphy Paving's counterclaim is granted. Signed by the Honorable Rebecca R. Pallmeyer on 3/30/2020. Notice mailed by judge's staff (ntf, )
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Filing
123
MEMORANDUM Opinion and Order. Murphy Paving has failed to "set forth specific facts showing that there is a genuine issue for trial." Anderson, 477 U.S. at 256. Accordingly, the District Council is entitled to enforce the 2016 and 2018 gr ievance awards as a matter of law. The District Council's motion for summary judgment 89 on Counts V and VI of its first amended complaint is granted. Signed by the Honorable Rebecca R. Pallmeyer on 3/27/2020. Notice mailed by judge's staff (ntf, )
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