In an ERISA action for breach of a collective bargaining agreement requiring advertising agencies to make contributions to certain benefit plans for actors, summary judgment for defendants is reversed where ERISA allows employee benefit plans to recover unpaid contributions from an employer who is not a party to the applicable collective bargaining agreement.
Argued and Submitted May 5, 2009
Filed July 15, 2009
Opinion by Judge O'Scannlain
Robert S. Gerber, Sheppard, Mullin, Richter & Hampton LLP, San Diego, CA