Davis v. Pension Benefit Guaranty Corporation

Petition for certiorari denied on June 30, 2014
Docket No. Op. Below Argument Opinion Vote Author Term
13-1280 D.C. Cir. N/A N/A N/A N/A OT 2013

Issue: (1) Whether the Court of Appeals erred in upholding the Pension Benefit Guaranty Corporation’s post hoc rationalization in litigation that, under 29 U.S.C. § 1344(a)(3), a benefit derives from a plan provision “in effect” five years prior to termination only if the benefit was paid or payable at the start of the five-year period; and (2) whether the court of appeals erred in upholding the Pension Benefit Guaranty Corporation’s determination that, under 29 U.S.C. § 1344(a)(3), the benefit deriving from plan provisions “under which such benefit would be the least” is the mathematically lowest benefit amount existing during any of the five years before termination.

DateProceedings and Orders
Apr 23 2014Petition for a writ of certiorari filed. (Response due May 23, 2014)
May 13 2014Order extending time to file response to petition to and including June 2, 2014.
May 23 2014Motion for leave to file amici brief filed by The Coalition of Airline Pilots Associations, et al.
May 23 2014Brief amicus curiae of Air Line Pilots Association, International filed.
May 23 2014Motion for leave to file amicus brief filed by Delta Pilots' Pension Preservation Organization (DPS3, Inc.).
Jun 2 2014Brief of respondent Pension Benefit Guaranty Corporation in opposition filed.
Jun 6 2014Reply of petitioners Thomas G. Davis, et al. filed.
Jun 10 2014DISTRIBUTED for Conference of June 26, 2014.
Jun 30 2014Motion for leave to file amici brief filed by The Coalition of Airline Pilots Associations, et al. GRANTED.
Jun 30 2014Motion for leave to file amicus brief filed by Delta Pilots' Pension Preservation Organization (DPS3, Inc.) GRANTED.
Jun 30 2014Petition DENIED.
 
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