A multiemployer plan that prevails in an action to collect delinquent contributions or withdrawal liability is statutorily entitled to recover reasonable attorneys' fees and costs "of the action." In International Painters & Allied Trades Industry Pension Fund v. Florida Glass of Tampa Bay, Inc., No. 23-cv-00045, 2025 WL 712965 (D. Md. Mar. 5, 2025), the court held that the statute permits a plan to recover not just the fees and costs incurred in the collection action, but also those incurred to defend a related action.
Florida Glass of Tampa Bay, Inc. was a contributing employer to the International Painters and Allied Trades Industry Pension Fund. Following Florida Glass's complete withdrawal from the Fund, the Fund filed suit to collect over $1.5 million in withdrawal liability from Florida Glass and its controlled group members. While that action was pending, the controlled group members sued the Fund and its attorneys in Florida state court, alleging that the Fund's collection action constituted defamation and abuse of process under Florida law. After the Florida action was dismissed with prejudice, the court in the collection action granted the Fund's motion for summary judgment and awarded it withdrawal liability, interest, and liquidated damages. The court also granted the Fund's motion for attorneys' fees and costs, which included the amounts incurred in both the collection and Florida actions. The court held that the phrase "of the action" in 29 U.S.C. §...
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