February 8, 2017 — In the first decision interpreting certain recent amendments to the federal Pension Protection Act, the United States District Court for the District of Maryland held that candy maker Just Born II, Inc. (“Just Born”), is required to make pension contributions on behalf of newly hired employees at its Philadelphia manufacturing facility, unless Just Born can amend its answer to make out an affirmative defense of “fraud” not adequately pleaded in Just Born’s original answer. Bakery & Confectionery Union & Indus. Int’l Pension Fund v. Just Born II, Inc., Civil No. DKC-16-0793, 2017 WL 511911 (D. Md. Feb. 8, 2017). In December 2014, Congress amended the Pension Protection Act to permit certain pension funds in critical status to compel participating employers to continue contributing to the fund after the expiration of a collective bargaining agreement. The Bakery and Confectionery Union and Industrial International Pension Fund (“Pension Fund”) invoked that provision against Just Born, which had stopped contributing to the Pension Fund on behalf of newly hired employees at its Philadelphia factory after the expiration of its collective bargaining agreement and impasse in negotiations toward a successor agreement. On a motion for judgment on the pleadings, the Court concluded that the provision permitted the Pension Fund to demand continued payments, rejecting Just Born’s contrary reading of the new law. Bredhoff & Kaiser represents the Pension Fund in that lawsuit.