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