Court Overturns $16 Million Arbitration Award against Client PSF Industries in ERISA dispute

Jenner & Block represented PSF Industries, an industrial contractor that maintained boilers, pressure vessels, heat exchangers, stacks, digesters, tanks, and other types of industrial equipment. After PSF ceased operations in 2017, the company stopped contributing to the Boilermakers-Blacksmith National Pension Trust. The fund assessed $16 million in withdrawal liability under ERISA. PSF demanded arbitration. At issue was whether PSF qualified for ERISA’s exemption to withdrawal liability for employers in the building and construction industry. The arbitrator held that PSF did not qualify for the exemption and that PSF was liable to the fund.

Last October, PSF sued the fund, seeking to overturn the arbitration award.  In his ruling on September 30, Judge Fernando J. Gaitan, Jr. of the U.S. District Court for the Western District of Missouri held that the arbitrator committed multiple legal errors in his analysis of PSF’s withdrawal liability. The judge overturned the arbitration award and remanded the case to the arbitrator for a new hearing.

Partner Adam G. Unikowsky led the team, which included Associate Lauren Hartz. Senior Paralegal Cheryl Olson and Paralegal Adam Weidman provided valuable support.

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© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.

Court Overturns $16 Million Arbitration Award against Client PSF Industries in ERISA dispute

Jenner & Block represented PSF Industries, an industrial contractor that maintained boilers, pressure vessels, heat exchangers, stacks, digesters, tanks, and other types of industrial equipment. After PSF ceased operations in 2017, the company stopped contributing to the Boilermakers-Blacksmith National Pension Trust. The fund assessed $16 million in withdrawal liability under ERISA. PSF demanded arbitration. At issue was whether PSF qualified for ERISA’s exemption to withdrawal liability for employers in the building and construction industry. The arbitrator held that PSF did not qualify for the exemption and that PSF was liable to the fund.

Last October, PSF sued the fund, seeking to overturn the arbitration award.  In his ruling on September 30, Judge Fernando J. Gaitan, Jr. of the U.S. District Court for the Western District of Missouri held that the arbitrator committed multiple legal errors in his analysis of PSF’s withdrawal liability. The judge overturned the arbitration award and remanded the case to the arbitrator for a new hearing.

Partner Adam G. Unikowsky led the team, which included Associate Lauren Hartz. Senior Paralegal Cheryl Olson and Paralegal Adam Weidman provided valuable support.

Related Capabilities

Related Locations

© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.

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