Penske Truck Leasing, LP v. Central States Southeast and Southwest Areas Pension Plan

In a case involving a dispute between an employer and a multiemployer pension plan, plaintiff employer filed a federal lawsuit seeking to enjoin the defendants from terminating one union of plaintiff’s employees from membership in the pension plan for allegedly manipulating its bill to minimized withdrawal liability. Plaintiff sought to enjoin the termination and moved for a temporary restraining order. The district court held on summary judgment that defendant had the authority to expel plaintiff’s union and that it did not do so arbitrarily or capriciously and plaintiff appealed. The Seventh Circuit affirmed. (ST. EVE and PRYOR, concurring)