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National Retirement Fund v. Metz Culinary Management Inc.

Petition for certiorari denied on October 5, 2020
Docket No. Op. Below Argument Opinion Vote Author Term
19-1336 2nd Cir. N/A N/A N/A N/A OT 2020

Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is counsel on an amicus brief in support of the petitioners in this case.

Issue: Whether the Employee Retirement Income Security Act prohibits multiemployer pension plan actuaries from selecting actuarial assumptions to calculate withdrawal liability after the measurement date – the last day of the plan year immediately prior to the year in which an employer withdrew – even when such assumptions are based on their “best estimate of anticipated experience under the plan” and professional standards governing actuaries.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
May 29 2020Petition for a writ of certiorari filed. (Response due July 6, 2020)
Jun 05 2020Waiver of right of respondent Metz Culinary Management, Inc. to respond filed.
Jun 09 2020DISTRIBUTED for Conference of 6/25/2020.
Jun 12 2020Brief amicus curiae of Horizon Actuarial Services, LLC filed. (Distributed)
Jun 17 2020Response Requested. (Due July 17, 2020)
Jul 01 2020Motion to extend the time to file a response from July 17, 2020 to August 17, 2020, submitted to The Clerk.
Jul 02 2020Motion to extend the time to file a response is granted and the time is extended to and including August 17, 2020.
Jul 15 2020Brief amicus curiae of New York State Teamsters Conference Pension and Retirement Fund filed.
Aug 11 2020Brief of respondent Metz Culinary Management, Inc. in opposition filed.
Aug 25 2020Reply of petitioners The National Retirement Fund, et al. filed. (Distributed)
Aug 26 2020DISTRIBUTED for Conference of 9/29/2020.
Sep 11 2020Letter of respondent Metz Culinary Management, Inc.received.
Oct 05 2020Petition DENIED.