A Teamsters pension fund must turn over emails and text messages in its $58 million lawsuit against Wingra Redi-Mix Inc.
The concrete producer didn’t waive its counterclaims and defenses by failing to initiate arbitration, the US District Court for the Northern District of Illinois ruled.
Wingra’s involuntary expulsion from the Central States, Southeast & Southwest Areas Pension Fund didn’t qualify as a “complete withdrawal” that would require it to either initiate arbitration or give up its claims and defenses, the court said. The term withdrawal implies “conscious acts made by the actor,” the court said, likening the situation to ...
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