Railroad Maintenance and Industrial Health and Welfare Fund v. Mahoney

Plaintiff brought a lawsuit against defendant in his personal capacity after a company that defendant was the sole member and manager of failed to make contributions to an employee benefit fund that defendant had contracted with. Plaintiff claimed that a personal liability clause in the agreement established that defendant had agreed to be personally bound and the district court granted summary judgment to the plaintiff. The Seventh Circuit reversed, noting that while the personal liability clause was evidence that defendant intended to be personally bound, the fact that he signed the agreement in a representative capacity evinced a contrary intent and, as a result, the dispute could not be resolved by summary judgment. (EASTERBROOK and ST. EVE, concurring)