Breaking News

Black v. Pension Benefit Guaranty Corporation

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
21-495 6th Cir. TBD TBD TBD TBD TBD

Issues: (1) Whether the Employee Retirement Income Security Act permits the termination of a distressed pension plan through an agreement between Pension Benefit Guaranty Corporation and the plan administrator; (2) whether termination through such an agreement, which avoids a hearing, violates the participants’ constitutional rights to due process; and (3) whether, if ERISA and due process allow for termination by agreement, the termination’s substantive legality is to be judged under the standards in 29 U.S.C. § 1342(c), or whether it is enough that the conditions in Section 1342(a) to “institute” proceedings may exist.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Jul 22 2021Motion (21M11) for leave to file a petition for a writ of certiorari under seal with redacted copies for the public record filed.
Jul 22 2021Petition for a writ of certiorari filed. (Response due November 3, 2021)
Jul 28 2021MOTION (21M11) DISTRIBUTED for Conference of 9/27/2021.
Oct 04 2021Motion (21M11) for leave to file a petition for a writ of certiorari under seal with redacted copies for the public record Granted.