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In an ERISA action by a multiemployer employee welfare fund (Plan) against an employer for deficient contributions, district court's grant of summary judgment in favor of the Plan is affirmed where: 1) the Plan properly brought suit under ERISA as Congress has provided that plans can sue and be sued and that fiduciaries may enforce substantive rights under 29 U.S.C. section 1132(e); and 2) the employer is liable for the deficient contributions for July, August, and December 2006, and January and February 2007, as it treats as irrelevant the fact that its course of conduct - making payments precisely in accordance with the 2005 collective bargaining agreement from the start - demonstrates its assent to that agreement.
Appeal from the United States District Court for the Northern District of Illinois, Eastern Division
Decided January 8, 2010
Opinion by Circuit Judge Wood