See, e.g., Operating Engineers Pension Trust v. A-C Co., 859 F.2d at 1342; Central States, Southeast and Southwest Areas Pension Fund v. Gerber Truck Serv., Inc., 854 F.2d 1074, 1080 (7th Cir. 1988), vacated on other grounds, 864 F.2d 561 (7th Cir. 1989), rehearing en banc, 870 F.2d 1148 (7th Cir. 1989); Vernau v. Bowen Enter., Inc., 648 F. Supp. 721, 724-25 (W.D.Pa. 1986); LaJiness v. Reactor Controls, Inc., 642 F. Supp. 27, 32 (E.D.Mich. 1985); Thelin v. Mitchell, 576 F. Supp. 1404, 1408-09 (N.D.Ill. 1983). Here, UMC paid the contributions before suit was filed.
We hereby formally demand that you withdraw your Complaint in its entirety. (Id.). O'Hearn's email does not constitute evidence of impropriety because Defendants had a legal right to pursue attorneys' fees, costs, and sanctions.See Lempert v. Singer, 766 F. Supp. 1356, 1361 (D.V.I. 1991) (finding no duress when party "threatened" counterparty by refusing to sell property when party had legal right to do so); Great Bay Hotel Casino, Inc. v. Tose, No. 91-600, 1991 WL 639131, *7 (D.N.J. Dec. 16, 1991) ("[I]nstitut[ing] or threatening to institute legal action where [a] party has a legal right to take such action does not constitute duress.") (quoting Thelin v. Mitchell, 576 F. Supp. 1404, 1408 (N.D. Ill. 1983) (citations omitted); Garshman v. Universal Res. Holding, Inc., 641 F. Supp. 1359, 1372-73 (D.N.J. 1986), aff'd 824 F.2d 223 (3d Cir. 1987) (finding no duress when party threatened to exercise rights under contract). In other words, there is no duress when a party simply threatens to do what it has a legal right to do.
XIII, ยง 13.04), Plaintiff Funds are entitled to recover audit costs, reasonable attorneys' fees, and costs. Thelin v. Mitchell, 576 F. Supp. 1404, 1408 (N.D. Ill. 1983); Laborer's Pension Fund, 2000 WL 1372846, at *4. Therefore, based on these and other admissions, we grant the Funds' motion for summary judgment and award $40,152.62 for delinquent contributions, $8,030.52 for liquidated damages, and $1200.00 for audit costs.
In addition, pursuant to ERISA Section 502(g)(2), Section 301(a) of the LMRA, 29 U.S.C. ยง 185(a), and the applicable collective bargaining agreement and Agreements and Declarations of Trust, the Laborers Funds are entitled to reasonable attorney's fees and costs. Idaho Plumbers Pipefitters v. United Mechanical Contractors, Inc., 875 F. Supp. 1404 (N.D. Ill. 1993); Thelin v. Mitchell, 576 F. Supp. 1404 (N.D.Ill 1983). Further, the defendants are hereby ordered to create and maintain a surety bond guarantying its covered employees wages and contributions as required under the Agreement.
The pressure applied must have been wrongful or unlawful; mere hard bargaining is not enough. Linn, 671 F. Supp. at 556, 559. Moreover, a party's threat to assert its legal rights does not rise to the level of duress unless it involves some abuse of the legal process.Thelin v. Mitchell, 576 F. Supp. 1404, 1408 (N.D. Ill. 1983);Enslen v. Village of Lombard, 470 N.E.2d 1188, 1190-91 (Ill.App.Ct. 1984). The facts of this case do not present a situation of economic duress.
However, "[i]t is not wrongful to threaten to do something that one has a legal right to do." Riv Vil, 979 F. Supp. at 656 ( citing Alexander, 423 N.E.2d at 582); Thelin v. Mitchell, 576 F. Supp. 1404, 1408 (N.D. Ill. 1983) (citations omitted) (finding that a party's threat to assert its legal rights does not rise to the level of economic duress unless it involves some abuse of the legal process). Unless wrongful or unlawful pressure is exerted, there is no economic duress.
However, "[i]t is not wrongful to threaten to do something that one has a legal right to do." Riv Vil, 979 F.Supp. at 656 (citing Alexander, 53 Ill.Dec. 194, 423 N.E.2d at 582); Thelin v. Mitchell, 576 F.Supp. 1404, 1408 (N.D.Ill.1983) (citations omitted) (finding that a party's threat to assert its legal rights does not rise to the level of economic duress unless it involves some abuse of the legal process). Unless wrongful or unlawful pressure is exerted, there is no economic duress.