Feinberg v. RM Acquisition, LLC

Dist. Ct. did not err in granting defendant's motion to dismiss plaintiff's ERISA claim alleging that defendant-purchaser of assets from plaintiff's bankrupt employer violated section 502 of ERISA when it failed to pay benefits pursuant to provisions contained in top hat pension plan (i.e., non-funded pension plan that was provided by bankrupt employer to senior executives in addition to standard pension plan provided to all of said employer's employees). Instant contract for sale of business assets did not include transfer to defendant of any liabilities arising under top hat plan, and plaintiffs failed to allege that defendant engaged in any conduct designed to deprive them of any plan benefits.