Judge denies motion to dismiss CBO Glass suit in Maryland

Glass Magazine
July 10, 2012
COMMERCIAL, FABRICATION

A judge denied a motion from CBO Glass to dismiss a lawsuit from the International Painters & Allied Trades Industry Pension Fund, due to the person jurisdiction of CBO Glass President/CEO Gilbert DiMaio and Owner Paul F. Hogan Jr., according to a June 29 memorandum to counsel. In their motion to dismiss, lawyers for CBO claimed DiMaio's and Hogan's lack of jurisdiction in Maryland, where the case resides, prevented them from suit under the Employee Retirement Income Security Act.

"It appears to be undisputed that Mr. DiMaio and Mr. Hogan, who are both New York residents, lack sufficient minimum contacts with Maryland to be subject to personal jurisdiction here under ordinary principles of personal jurisdiction," District Court Judge Ellen Lipton Hollander said in the memorandum. "However, it is also undisputed that this case arises under the Employee Retirement Income Security Act, which authorizes exercise of personal jurisdiction in the district where an employee benefits plan is administered (in this case, Maryland) on the basis of so-called 'national contacts.'"