Feinberg v. RM Acquisition, LLC, 10-1890, concerned plaintiffs' ERISA action against the defendant-purchaser of their former employer's company, claiming that the defendant is liable for the benefits promised by the plan because it is the "de facto plan administrator."
In affirming the district court's grant of defendant's motion to dismiss
the suit for failure to state a claim, the court held that plaintiffs
have not made a case for successor liability under section 502 as
defendant did not assume the top hat plan's liabilities, nor did it
connive with the former employer to deprive participants of their top
hat benefits, nor was it a mere continuation of the former employer
under another name.