4th Circuit: Garnishment Action By Fund Against State Is Barred By 11th Amendment

4th Circuit: Garnishment Action By Fund Against State Is Barred By 11th Amendment

RICHMOND, Va. - Sovereign immunity bars a multiemployer pension plan from bringing a federal garnishment proceeding against the Maryland Department of Health and Mental Hygiene to collect monies stemming from a lawsuit seeking to recover deficient employer contributions under the Employee Retirement Income Security Act, the Fourth Circuit U.S. Court of Appeals ruled June 26 (Carpenters Pension Fund of Baltimore, Maryland, et al. v. Maryland Department of Health and Mental Hygiene, et al., No. 12-1480, 4th Cir.; 2013 U.S. App. LEXIS 13102).

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