Mark Trapp Mentioned in “Central States Can’t Mandate AAA Rules, Court Says”Bloomberg BNA Daily Labor Report and Pensions & Benefits Daily September 30, 2015
Mark M. Trapp, a Member of the Firm in the Labor and Employment and Litigation practices, in the firm’s Chicago office, was mentioned in Bloomberg BNA’s Daily Labor Report and Pensions & Benefits Daily for successfully representing his client, Bulk Transport, in Cent. States, Se. & Sw. Areas Pension Fund v. Bulk Transp., Corp.
Following is an excerpt:
Bulk Transport asked the federal court to declare that Central States couldn't require it to pay the 2013 MPPAR rates to initiate arbitration and that instead, the PBGC's default arbitration rules—including the $650 filing fee—should be used.
The court agreed with Bulk Transport that until the PBGC approves the 2013 MPPAR, Central States can't require Bulk Transport to pay the AAA's current rates to initiate arbitration. The court rejected Central States's contention that the PBGC implicitly authorized the AAA to amend the fee schedule as it sees fit.
The court went on to find that Bulk Transport properly initiated arbitration by filing the $650 filing fee with the AAA, and it directed the parties to arbitrate their dispute pursuant to the PBGC's default rules.