2nd Circ. Orders Damages Redo In Health Plan Funding Row

Law360 (October 11, 2019, 5:09 PM EDT) -- The Second Circuit has found that a federal district judge incorrectly applied an interest rate when looking at how much a food services business owed a union health plan in damages for unpaid health care contributions, kicking the case back to the lower court to rethink how much the company needs to pay.

A three-judge panel on Thursday vacated U.S. District Judge Katherine B. Forrest's final judgment that ordered Nutrition Management Services Co. to pay damages and attorney fees to the Building Service 32BJ Health Fund on top of the delinquent contributions. The panel said that a recalculation of those damages...

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