The Multiemployer Pension Plan Amendment Act's Evade or Avoid Provision: A Review of the Confounding Jurisprudence

In this article, the author provides an overview of the "evade or avoid" provision of the Multiemployer Pension Plan Amendment Act. The author first comments on the legislative intent. Next, he highlights landmark cases in this area, analyzing the development of the jurisprudence culminating with the recent rulings from the U.S. Court of Appeals for the Third Circuit in Steelworkers Pension Trust v. Renco Group and from the U.S. Court of Appeals for the Second Circuit in New York State Teamsters v. C&S Wholesale Grocers, Inc. Finally, the author offers perspective and a legal analytical framework for considering "evade or avoid" claims.