Escolar Documentos
Profissional Documentos
Cultura Documentos
____________________
No. 96-1105
v.
ERRATA SHEET
The opinion of
this Court
issued on November
corrected as follows:
20, 1996
is
____________________
No. 96-1105
v.
____________________
____________________
Before
____________________
____________________
and
Trucking
Health Services
William Walsh,
Industry Pension
Fund
New England
and
defunct
The
moving company.
Teamsters
the Teamsters
The Pension
25
now-
this
litigation.
"alter
law
is in
The Health
Plan's theory
is
that WWI
is an
That debt
CWI is no
longer in operation
assets to satisfy
the obligation.
The
judgment
parties
filed
cross
motions
for
not in dispute.
to be drawn from
the
summary
legal conclusions
United
______
v. International Paper
____________________
No claim is
made that
(Zobel, J.)
against WWI
on the alter
ego theory.
de novo.
__ ____
Langone v.
_______
-22
C. Walsh
________
We
opinion.
affirm
Local
thoughts.
are
district
Rule 27.1.
We recognize
serious consequences
cases
on the
largely
We add only
that these
for each
In NLRB
____
Inc.,
____
45
Cir.
F.3d
to the
fact-driven, and
so far.
(1st
"alter ego"
party
doctrine go only
42
court's well-reasoned
cases have
dispute.
general
statements of
1994),
we
noted
that
considered a range of
the
criteria including
similarity between
companies
business
in
the old
relation
to
purpose, operation,
customers
ownership.
and
In
supervision,
most
cases,
and new
management,
equipment,
as well
a
as
further
is whether the
The
in
entity
was
created
and
maintained
in
Id.
__
at 50.
controlling
We
have also
noted that
"[n]o one
factor is
operations.
that
despite nominally
provided WWI
free
These similarities
are compounded by
separate ownership,
in
the fact
CWI essentially
service mark.
-33
As
animus
is
finding.
does
we
not
said
in
always a
sine
____
not test
the "reasonable
qua
___
non
___
of an
F.3d at 51.
limits," id.
___
anti-union
"alter-ego"
at 52,
of the
doctrine because
there
is sufficient
events
(although
this evidence
is
not as
strong
as that
make out
No costs.
for
____________________
1.
And finally,
We decline to
-44