Practitioners
Legal Filings and Decisions
Legal Filings
Legal filings, many of which are listed below, are submitted by PBGC in legal proceedings in support of our efforts to preserve and safeguard pensions.
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2015
- PBGC v. Asset Manager, Inc., No. 14‑62302 (S.D. Fla. Jan. 21, 2015) (PBGC’s motion for summary judgment, seeking enforcement of PBGC’s determinations to seek termination of a pension plan and become trustee thereof, and to establish the pension plan’s termination date) [PDF]
- Cox Enter., Inc. v. News‑Journal Corp., No. 14‑14115 (11th Cir. Jan. 14, 2015) (Brief of Appellee PBGC, arguing that courts have no general equitable power to override statutory mandates, and that Cox's attempt to relitigate issues already decided in this case is inappropriate) [PDF]
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2014
- Estate of Pasucci v. PBGC, No. 14‑7974 (D.N.J. Dec. 29, 2014) (motion to dismiss or, alternatively, to transfer venue) [PDF]
- US Airline Pilots Ass'n v. PBGC, No. 14‑5181 (D.C. Cir. Dec. 29, 2014) (Brief of Appellee) (urging affirmance of the district court's conclusions that PBGC did not breach any duty to investigate the pension plan's prior investments or actuarial assumptions) [PDF]
- PBGC v. Endodontic Specialists of Colo., No. 14‑1163 (D. Colo. Dec. 5, 2014) (Brief in support of PBGC's determinations in connection with the standard termination of defendant's pension plan) [PDF]
- FDIC v. FBOP Corp., No. 14‑4307 (N.D. Ill. Dec. 5, 2014) (Intervenor PBGC's Opposition to FBOP's motion for judgment on the pleadings regarding PBGC's claim for offset of a tax refund) [PDF]
- In re Reichhold Holdings US, Inc., No. 14‑12237 (D. Del. Nov. 25, 2014) (Objection to debtor's motion to sell substantially all its assets, and request for modification of debtor's proposed bidding procedures) [PDF]
- PBGC v. Excel Plus Home Health Svcs., No. 14‑1860 (C.D. Cal. Nov. 24, 2014) (Complaint for Pension Plan Termination) [PDF]
- PBGC v. W Property Resources, No. 14‑4981 (S.D.N.Y. Nov. 24, 2014) (Complaint for Pension Plan Termination) [PDF]
- PBGC v. Thomas O'Rourke Gallagher, Inc., No. 14‑6554 (E.D.N.Y. Nov. 6, 2014) (Complaint for Pension Plan Termination) [PDF]
- PBGC v. Retirement Comm. of Reichhold, Inc., No. 14‑872 (M.D.N.C. Oct. 17, 2014) (Complaint for Pension Plan Termination) [PDF]
- In re Tactical Intermediate Holdings, No. 14-11659 (Bankr. D. Del. Oct. 16, 2014) (Response of PBGC to Debtor’s Objection to Claims) [PDF]
- PBGC v. Ocean Label, Inc., No. 14‑1129 (N.D. Cal. Oct. 7, 2014) (Motion for Default Judgment) [PDF]
- PBGC v. Asset Manager, Inc. (In re APL/NVF Consol. Pension Plan), No. 14-62302 (S.D. Fla. Oct. 6, 2014) (Complaint for Pension Plan Termination) [PDF]
- PBGC v. Del's Flooring Contractors, No. 14‑1999 (C.D. Cal. Sept. 25, 2014) (Complaint for Nonpayment of Statutory Liability for Missing Participants) [PDF]
- Cox Enters., Inc. v. News‑Journal Corp., No. 04‑698 (M.D. Fla. Sept. 25, 2014) (PBGC's Response & Memorandum of Law in Opposition to Cox's Motion to Show Cause) (suggesting lack of jurisdiction during pendency of appeal) [PDF]
- PBGC v. Amos Eby Co., No. 13‑6977 (E.D. Pa. Sept. 11, 2014) (Motion for Default Judgment) [PDF]
- In re Bay Area Fin. Corp., No. 13‑38974 (Bankr. C.D. Cal. Sept. 8, 2014) (Motion to Allow Late‑Filed Claims) [PDF]
- Cox Enters., Inc. v. News Journal Corp., No. 04‑698 (M.D. Fla. Sept. 5, 2014) (PBGC's Response & Memorandum of Law in Opposition to Cox's Emergency Motion for Stay) [PDF]
- PBGC v. Kentucky Bancshares, Inc., No. 14‑5573 (6th Cir. Sept. 4, 2014) (Brief of Plaintiff‑Appellee PBGC) [PDF]
- FDIC v. FBOP Corp., No. 14‑4307 (N.D. Ill. Sept. 3, 2014) (Complaint of Plaintiff‑Intervenor PBGC) [PDF]
- In re Conco, Inc., No. 12‑34933 (Bankr. W.D. Ky. Aug. 25, 2014) (Objection of PBGC to Debtor's Motion for Order Approving Debtor's Non‑Insider KERP) [PDF]
- In re Robert E. Derecktor, Inc., No. 12‑22393 (Bankr. S.D.N.Y. Aug. 25, 2014) (Limited Objection of PBGC to First Amended POR) [PDF]
- In re Scicom Data Svcs., No. 13‑43894 (Bankr. D. Minn. Aug. 25, 2014) (Response of PBGC to U.S. Trustee's Motion to Dismiss or Convert) [PDF]
- In re PBGC, No. 14‑2072 (6th Cir. Aug. 21, 2014) (PBGC's Petition for Writ of Mandamus) [PDF]
- In re PBGC, No. 14‑2072 (6th Cir. Aug. 21, 2014) (PBGC's Emergency Motion for Stay Pending Appeal of Privilege Waiver Order) [PDF]
- PBGC v. The Renco Group, No. 13‑621 (S.D.N.Y. Aug. 15, 2014) (PBGC's Reply in Support of Motion for Summary Judgment) [PDF]
- Black v. PBGC, No. 09‑13616 (E.D. Mich. Aug. 15, 2014) (PBGC's Reply in Support of Motion to Certify Privilege Waiver Order for Appeal and Request for Stay) [PDF]
- PBGC v. Notman (In re Notman), No. 14‑24824 (Bankr. E.D. Cal. Aug. 7, 2014) (Nondischargeability Complaint) [PDF]
- PBGC v. Neptune, Inc., No. 14‑135 (W.D.N.C. Aug. 7, 2014) (Complaint for Pension Plan Termination) [PDF]
- PBGC v. Endodontic Specialists of Colo., No. 14‑1163 (D. Colo. Aug. 6, 2014) (PBGC's Reply in Support of Motion to Sever or Try Separately Third‑Party Claims) [PDF]
- FDIC v. FBOP Corp., No. 14‑4307 (N.D. Ill. Aug. 5, 2014) (Reply in Support of PBGC's Motion to Intervene) [PDF]
- PBGC v. Edmonds (In re Edmonds), No. 14‑60920 (Bankr. N.D. Ohio Aug. 1, 2014) (Nondischargeability Complaint) [PDF]
- Black v. PBGC, No. 09‑13616 (E.D. Mich. July 23, 2014) (PBGC's Motion to Certify Privilege Waiver Order for Appeal and Request for Stay) [PDF]
- PBGC v. Evans Tempcon, Inc., No. 14‑782 (W.D. Mich. July 22, 2014) (Complaint for Liability for Minimum Funding Contributions) [PDF]
- PBGC v. The Renco Group, No. 13‑621 (S.D.N.Y. July 18, 2014) (Opposition to Defendant's Motion for Summary Judgment) [PDF]
- In re Robert E. Derecktor, Inc., No. 12‑22393 (Bankr. S.D.N.Y. July 17, 2014) (Objection of PBGC to Debtor's Disclosure Statement) [PDF]
- FDIC v. FBOP Corp., No. 14‑4307 (N.D. Ill. July 8, 2014) (PBGC's Motion to Intervene) [PDF]
- PBGC v. The Office Supply Place, No. 13‑4805 (C.D. Cal. July 7, 2014) (Motion for Default Judgment) [PDF]
- In re Mundy Ranch, Inc., No. 12‑13015 (Bankr. D. N.M. July 3, 2014) (PBGC's Objection to Debtor's Second Amended POR) [PDF]
- PBGC v. Endodontic Specialists of Colo., No. 14‑1163 (D. Colo. July 1, 2014) (PBGC's Motion to Sever or Try Separately Third Party Claims) [PDF]
- PBGC v. Obsidian Enters., No. 14‑436 (S.D. Ind. June 23, 2014) (Motion for Default Judgment) [PDF]
- PBGC v. The Renco Group, No. 13‑621 (S.D.N.Y. June 20, 2014) (PBGC's Motion for Summary Judgment) [PDF]
- PBGC v. Shelby Business Forms, No. 13‑266 (S.D. Ohio June 17, 2014) (Amended Complaint for Statutory Liability) [PDF]
- In re MPM Silicones, LLC, No. 14‑22503 (Bankr. S.D.N.Y. June 13, 2014) (Limited Objection of PBGC to the Debtor's Disclosure Statement) [PDF]
- In re The Budd Company, No. 14‑11873 (Bankr. N.D. Ill. June 9, 2014) (PBGC's Statement in Support of Debtor's Motion to Approve Settlement Agreement) [PDF]
- Davis v. PBGC, No. 13‑1280 (U.S. June 2, 2014) (Brief in Opposition to Petition for Writ of Certiorari) [PDF]
- In re Royal Crown Bottling Co. of Chicago, No. 12‑1988 (Bankr. N.D. Ill. May 27, 2014) (Limited Objection of PBGC to Trustee's Motion for Authorization to Abandon Property) [PDF]
- In re Interfaith Med. Ctr., No. 12‑48226 (Bankr. E.D.N.Y. May 5, 2014) (Objection of PBGC to Debtor's First Amended POR) [PDF]
- PBGC v. Endodontic Specialists of Colo., No. 14‑1163 (D. Colo. Apr. 24, 2014) (Complaint for Enforcement of Standard Termination Provisions of Title IV of ERISA) [PDF]
- Cox Enters., Inc. v. News Journal Corp., No. 04‑698 (M.D. Fla. Apr. 17, 2014) (PBGC's Response to Cox's Objection to Report & Recommendation) [PDF]
- In re Revstone Indus., LLC, No. 12‑13262 (Bankr. D. Del. Apr. 16, 2014) (PBGC's Joinder in Debtor's Omnibus Reply and Second Supplemental Response in Support of Motions of Revstone et al. for Order Approving Settlement Agreement with PBGC) [PDF]
- PBGC v. Asahi Tec Corp., No. 10‑1936 (D.D.C. Apr. 14, 2014) (Reply in Support of PBGC's Motion for Summary Judgment on Damages) [PDF]
- Deppenbrook v. PBGC, No. 13‑5254 (D.C. Cir. Apr. 7, 2014) (Brief of Appellee PBGC) [PDF]
- PBGC v. FBI Wind Down, No. 14‑449 (E.D. Mo. Apr. 7, 2014) (PBGC's Memorandum in Support of Motion to Adjourn Hearing) [PDF]
- In re Hardwick Clothes, Inc., No. 13‑16079 (Bankr. E.D. Tenn. April 3, 2014) (Objection of PBGC to Debtor's Motion for Order Authorizing Sale of Assets, Approving Stalking Horse Expense Reimbursements, and Authorizing Assumption and Assignment of Executory Contracts and Unexpired Leases) [PDF]
- In re Interfaith Medical Center, No. 12‑48226 (Bankr. E.D.N.Y. Apr. 2, 2014) (Objection of PBGC to Debtor's Disclosure Statement) [PDF]
- In re Revstone Indus., LLC, No. 12‑13262 (Bankr. D. Del. Mar. 20, 2014) (Supplemental Response of PBGC to Preliminary Objection of Boston Finance Group to Claims and Proposed Settlement) [PDF]
- PBGC v. Obsidian Enters., No. 14‑436 (S.D. Ind. Mar. 19, 2014) (Complaint for Pension Plan Termination) [PDF]
- PBGC v. FBI Wind Down, No. 14‑449 (E.D. Mo. Mar. 13, 2014) (Motion for Order to Show Cause Why the Furniture Brands Ret. Plan Should Not Be Terminated) [PDF]
- PBGC v. Ocean Label, Inc., No. 14‑1129 (N.D. Cal. Mar. 11, 2014) (Complaint for Pension Plan Termination) [PDF]
- Royal Oak Enters., LLC v. PBGC, No. 13‑1040 (D.D.C. Mar. 10, 2014) (PBGC's Reply in Support of Motion for Summary Judgment) [PDF]
- In re Long Beach Med. Ctr., No. 14‑70593 (Bankr. E.D.N.Y. Mar. 7, 2014) (Limited Objection of PBGC to Debtor's Motion for Order Approving Bidding Procedures for Sale of Debtor's Real Estate and Designated Personal Property) [PDF]
- PBGC v. McPhee (In re McPhee), No. 13‑18208 (Bankr. N.D. Ohio Feb. 25, 2014) (Complaint to Recover Pension Overpayments) [PDF]
- Royal Oak Enters., LLC v. PBGC, No. 13‑1040 (D.D.C. Feb. 21, 2014) (PBGC's Opposition to Plaintiff's Motion for Summary Judgment) [PDF]
- Black v. PBGC, No. 09‑13616 (E.D. Mich. Feb. 19, 2014) (PBGC's Motion to Strike or, in the Alternative, Deny Plaintiffs' Motion Requesting that Judge Majzoub Dissolve the Partial Stay of Her August 21, 2013 Order) [PDF]
- Cox Enters. v. News‑Journal Corp., No. 04‑698 (M.D. Fla. Feb. 12, 2014) (PBGC's Post‑Trial Brief) [PDF]
- PBGC v. Lyons‑Ryan Ford Sales, No. 13‑8958 (N.D. Ill. Feb. 11, 2014) (Motion for Default Judgment) [PDF]
- PBGC v. Jellybean Prods., No. 14‑933 (S.D.N.Y. Feb. 10, 2014) (Petition of PBGC to Enforce Administrative Subpoena) [PDF]
- PBGC v. Asahi Tec Corp., No. 10‑1936 (D.D.C. Jan. 28, 2014) (Motion of PBGC for Summary Judgment on Damages) [PDF]
- In re Mundy Ranch, Inc., No. 12‑13015 (Bankr. D. N.M. Jan. 28, 2014) (PBGC's Objection to Debtor's Motion for Approval of Compromise) [PDF]
- Royal Oak Enters., LLC v. PBGC, No. 13‑1040 (D.D.C. Jan. 22, 2014) (PBGC's Motion for Summary Judgment) [PDF]
- Davis v. PBGC, No. 12‑5274 (D.C. Cir. Jan. 8, 2014) (Opposition of Appellee PBGC to Petition for Panel Rehearing or for Rehearing En Banc) [PDF]
- Cox Enters. v. News‑Journal Corp., No. 04‑698 (M.D. Fla. Jan. 8, 2014) (PBGC's Pre‑Trial Brief) [PDF]
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2013
- PBGC v. Lyons‑Ryan Ford Sales, No. 13‑8958 (N.D. Ill. Dec. 16, 2013) (Complaint for termination of pension plan) [PDF]
- Durango‑Georgia Paper Co. v. H.G. Estate, No. 11‑15079 (11th Cir. Dec. 9, 2013) (amicus curiae PBGC's invited letter brief addressing remedies under sections 4069 and 4070 of ERISA) [PDF]
- PBGC v. Kentucky Bancshares, No. 13‑143 (E.D. Ky. Dec. 9, 2013) (PBGC's Reply Brief on Motion for Summary Judgment and Response to Defendant's Cross-Motion for Summary Judgment) [PDF]
- In re Conco, Inc., No. 12‑34933 (Bankr. W.D. Ky. Dec. 3, 2013) (PBGC's Objection to Debtor's Disclosure Statement) [PDF]
- In re Conco, Inc., No. 12‑34933 (Bankr. W.D. Ky. Dec. 2, 2013) (PBGC's Objection to Debtor's Motion for a Ruling that Debtor Meets the Requirements for a Distress Termination of the Pension Plan) [PDF]
- In re TPOP, LLC [f/k/a/ Metavation, LLC], No. 13‑11831 (Bankr. D. Del. Nov. 20, 2013) (Motion of PBGC to Convert Bankruptcy Case from Chapter 11 to Chapter 7) [PDF]
- PBGC v. Saint‑Gobain Corp. Ben. Comm., No. 13‑2069 (E.D. Pa. Nov. 13, 2013) (Reply in Support of Motion for Stay Pending Appeal) [PDF]
- Cox Enters. v. News‑Journal Corp.>, No. 04‑698 (M.D. Fla. Nov. 5, 2013) (PBGC's Objection to Cox's Motion to Compel) [PDF]
- In re Edison Mission Energy, No. 12‑49219 (N.D. Ill. Nov. 5, 2013) (Limited Objection of PBGC to Debtor's Emergency Motion to Authorize Extension of Intercompany & Shared Services Arrangements & Other Benefit Plans) [PDF]
- Stephens v. PBGC, No. 13‑5129 (D.C. Cir. Oct. 29, 2013) (Brief of Appellee PBGC) [PDF]
- In re Rural/Metro Corp., No. 13‑11952 (Bankr. D. Del. Oct. 28, 2013) (PBGC's Limited Objection to Debtor's Disclosure Statement) [PDF]
- In re Mundy Ranch, Inc., No. 12‑13015 (Bankr. D. N.M. Oct. 25, 2013) (PBGC's Objection to Debtor's Motion for Approval of Distribution of Sale Proceeds) [PDF]
- PBGC v. Saint‑Gobain Corp. Ben. Comm.>, No. 13‑2069 (E.D. Pa. Oct. 17, 2013) (Motion for Certification of Interlocutory Appeal and for Stay Pending Appeal) [PDF]
- Cox Enters. v. News‑Journal Corp., No. 04‑698 (M.D. Fla. Oct. 15, 2013) (PBGC's Opposition to Cox's Motion for Reconsideration) [PDF]
- Black v. PBGC, No. 09‑13616 (E.D. Mich. Oct. 3, 2013) (PBGC's Reply in Support of Emergency Motion for Stay) [PDF]
- Davis v. PBGC, No. 12‑5274 (D.C. Cir. Sept. 30, 2013) (PBGC's Response to Appellants' Supplemental Brief) (Public Copy - Sealed Material Omitted) [PDF]
- In re Squire Corrugated Container Corp., No. 13‑19920 (Bankr. D. N.J. Sept. 16, 2013) (Objection of PBGC to Debtor's Dislosure Statement) [PDF]
- PBGC v. Saint‑Gobain Corp. Ben. Comm., No. 13‑2069 (E.D. Pa. Sept. 10, 2013) (PBGC's Opposition to Defendant's Motion for Partial Summary Judgment) (Opposing Defendant's proposed de novo standard of review and seeking establishment of deferential standard under section 706(2)(A) of the Administrative Procedure Act) [PDF]
- In re Revstone Indus., LLC, No. 12‑13262 (Bankr. D. Del. Sept. 9, 2013) (Objection and Reservation of Rights Regarding Debtor's Motion to Approve Release of Claims) [PDF]
- Black v. PBGC, No. 09‑13616 (E.D. Mich. Sept. 4, 2013) (PBGC's Emergency Motion for Stay) [PDF]
- Black v. PBGC, No. 09‑13616 (E.D. Mich. Sept. 4, 2013) (PBGC's Objections to Magistrate Judge's Order Granting in Part Plaintiffs' Rule 37 Motion to Enforce Court Order) [PDF]
- Davis v. PBGC, No. 12‑5274 (D.C. Cir. Sept. 3, 2013) (Supplemental Brief of Appellee PBGC) [PDF]
- Bill Johnson's Restaurants v. Plattner, Schneidman, Schneider, Jeffries & Plattner, P.C. (In re Bill Johnson's Restaurants), No. 11‑22441 (Bankr. D. Ariz. Sept. 3, 2013) (PBGC's Reply to Motion to Intervene) [PDF]
- JRM Constr. Mgmt., LLC v. Long Beach Med. Ctr., No. 601701/2013 (N.Y. Sup. Ct. Aug. 30, 2013) (Answer, Counterclaim, and Cross‑Claim of PBGC on behalf of Defendants Long Beach Medical Center Pension Plan and Komanoff Center for Geriatric and Rehabilitation Medicine Pension Plan) [PDF]
- Cox Enters. v. News‑Journal Corp., No. 04‑698 (M.D. Fla. Aug. 29, 2013) (Opposition to Cox's Motion to Compel) [PDF]
- PBGC v. Metavation, LLC, No. 13‑273 (E.D. Ky. Aug. 23, 2013) (Complaint for Pension Plan Termination) [PDF]
- PBGC v. 2011 Corp., No. 13‑5663 (C.D. Cal. Aug. 19, 2013) (PBGC's Ex Parte Application for Order to Show Cause Why the 2011 Corp. Defined Benefit Pension Plan Should Not Be Terminated) [PDF]
- In re Revstone Indus., LLC, No. 12‑13262 (Bankr. D. Del. Aug. 19, 2013) (Joinder of PBGC in the Objection of the Revstone Creditors' Committee to Debtor's Disclosure Statement) [PDF]
- In re Residential Capital, LLC, No. 12‑12020 (Bankr. S.D.N.Y. Aug. 8, 2013) (Limited Objection of PBGC to Disclosure Statement) [PDF]
- In re Revstone Indus., LLC, No. 12‑13262 (Bankr. D. Del. Aug. 2, 2013) (PBGC's Objection to Metavation's Motion to Approve Sale of Assets and Related Matters) [PDF]
- PBGC v. The Renco Group, No. 13‑621 (S.D.N.Y., July 17, 2013) (Opposition to Defendants' Partial Motion to Dismiss) (arguing that PBGC's ancillary state law claims sounding in fraud are not preempted by ERISA) [PDF]
- PBGC v. Saint‑Gobain Corp. Benefits Committee, No. 13‑2069 (E.D. Pa., July 8, 2013) (opposing a motion to intervene in PBGC's plan termination action under 29 U.S.C. § 1342) [PDF]
- PBGC v. Uforma/Shelby Business Forms, No. 13‑266 (S.D. Ohio, May 13, 2013) (response to motion to dismiss, arguing that defendants constituted an ERISA controlled group for liability purposes) [PDF]
- H&R Convention & Catering Corp. v. Somerstein, No. 12-1475 (E.D.N.Y., Apr. 26, 2013) (brief in support of renewed motion to dismiss) [PDF]
- Quality Automotive Servs. v. PBGC, No. 12‑1503 (D.D.C., Apr. 12, 2013) (motion for summary judgment on question of whether QAS withdrew from a multiemployer fund) [PDF]
- US Airline Pilots Ass'n v. PBGC, No. 09‑1675 (D.D.C., Mar. 14, 2013) (post‑trial brief in benefit dispute) [PDF]
- David v. Alphin, No. 11‑2181 (4th Cir., Feb. 28, 2013) (brief amicus curiae in support of rehearing, arguing that plan participants' standing to sue for fiduciary breach should not have depended on the funding level of the plan) [PDF]
- US Airline Pilots Ass'n v. PBGC, No. 09‑1675 (D.D.C., Feb. 8, 2013) (opposition to USAPA's motion to exclude certain expert witness testimony from evidence) [PDF]
- Sun Capital Partners III v. New England Teamsters & Trucking Indus. Pens. Fund, No. 12‑2312 (1st Cir., Feb. 5, 2013) (brief amicus curiae arguing that certain of Appellees' holdings should have been found to be trades or businesses for purposes of controlled group liability under ERISA) [PDF]
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2012
- In re AMR Corp et. al., No. 11-15463 (PBGC Statement filed December 14, 2012) (supporting American Airlines’ Motion for a finding that amending its pilots’ pension plan to eliminate lump-sum and installment forms of benefit is necessary to avoid a termination of the plan). [PDF]
- PBGC v. Dewey & LeBoeuf LLP (S.D.N.Y. May 14, 2012) (complaint under 29 USC § 1342 for pension plan termination). [PDF]
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2011
- Letter from Israel Goldowitz, Chief Counsel, PBGC, to Brian Masumoto, Attorney Adviser, Office of the United States Trustee (Dec. 1, 2011) (requesting appointment to Official Committee of Unsecured Creditors of American Airlines and related entities) [PDF]
- In re Harry & David Holdings, Inc., No. 11-10884 (Supplemental Opposition filed July 13, 2011) (arguing that the pension plan sponsor does not meet the requirements for a distress termination of the plan under 29 U.S.C. § 1341) [PDF]
- US Airline Pilots Ass'n v. PBGC, No. 091675 (Motion for Judgment on the Pleadings or for Summary Judgment filed July 12, 2011) (arguing that plaintiffs' claims that PBGC violated its fiduciary duties are barred by the statute of limitations and fail on the merits, and that, in any event, plaintiffs are not entitled to injunctive relief) [PDF]
- FBOP Corp. v. PBGC, No. 11-cv-2782 (N.D. Ill. Jun. 9, 2011) (PBGC motion to dismiss FBOP’s amended complaint as duplicative of PBGC’s May 2011 amended complaint and otherwise not justiciable) [PDF]
- In re Harry & David Holdings, Inc., No. 11-10884 (Bankr. D. Del. June 7, 2011) (Opposition of PBGC to Debtors’ motion for approval of a distress termination of its pension plan) [PDF]
- PBGC, et al. v. Morgan Stanley Inv. Mgmt., No. 10-4497 (2nd Cir.) (Appellants’ Brief filed May 26, 2011) (seeking to reinstate complaint against pension plan’s investment manager for breach of fiduciary duties under ERISA and related state law causes of action)[PDF]
- In re Wolverine Tube, Inc., No. 10‑13522 (Bankr. D. Del. May 17, 2011) (response of PBGC to Debtor’s Motion for Approval of Distress Termination of Pension Plan) [PDF]
- PBGC v. FBOP Corp (N.D.III.) (amended complaint filed May 20, 2011) (action to terminate pension plan under 29 U.S.C. § 1342)[PDF]
Legal Decisions
Legal decisions are issued by courts across the country in response to PBGC filings.
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2015
- Royal Oak Enters., Inc. v. PBGC, No. 13‑1040 (D.D.C. Jan. 28, 2015) (agreeing with PBGC, under a deferential standard, that Royal Oak's post‑termination amendment to its pension plan, which resulted in decreased benefits to participants, was impermissible) [PDF]
- PBGC v. Kentucky Bancshares, Inc., No. 14‑5573 (6th Cir. Jan. 15, 2015) (agreeing with PBGC, under a deferential standard, that Kentucky Bancshares’ post‑termination amendment to its pension plan, which resulted in decreased benefits to participants, was impermissible) [PDF]
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2014
- Supplement B Pilot Beneficiaries v. AMR Corp. (In re AMR Corp.), No. 12-7800 (S.D.N.Y. Oct. 24, 2014) (affirming, inter alia, bankruptcy court’s decision that AMR could properly amend a pension plan to eliminate its lump sum feature, under a recently promulgated Treasury Regulation, to avoid an untenable surge of pilot retirements when AMR emerged from bankruptcy, or possible plan termination by PBGC) [PDF]
- Cox Enter. v. News‑Journal Corp., No. 04‑698 (M.D. Fla. Aug. 13, 2014) (ruling on remand that because News‑Journal Corp. was insolvent at the time it distributed its estate, creditor PBGC was entitled to be paid before any distribution was made to shareholder Cox, and rejecting Cox's attempts to relitigate issues already decided by the district court and the Eleventh Circuit) [PDF]
- US Airline Pilots Ass'n v. PBGC, No. 09‑1675 (D.D.C. June 20, 2014) (finding that PBGC properly discharged its duties to investigate the financial affairs of a terminated pension plan — including allegations of improper transfers of plan assets, self-dealing, conflicts of interest, and questionable investment strategies — and concluding that PBGC fulfilled its fiduciary duties under Title IV of ERISA with respect to the plan) [PDF]
- PBGC v. Kentucky Bancshares, Inc., No. 13‑143 (E.D. Ky. Mar. 17, 2014) (upholding, under a deferential standard, PBGC's determination in connection with a standard termination of a plan that distributions to participants were erroneously calculated because they were based in part on plan amendments that occurred after the plan's termination date) [PDF]
- DeLeon v. U.S. Airways, No. 12‑0503 (D.D.C. Jan. 31, 2014) (upholding, under a deferential standard, PBGC's determination of Plaintiff's pension benefit on the basis of the unambiguous language of the plan, and declining to invalidate PBGC's determination on the basis of a separate corporate policy statement of which PBGC was unaware)
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2013
- Davis v. PBGC, No. 12‑5274 (D.C. Cir. Nov. 1, 2013) (upholding PBGC Appeals Board's determinations regarding benefits in Priority Category 3 under 29 U.S.C. § 1344(a); declining to decide claims not briefed on appeal; and not deciding the question of the appropriate standard of review, because PBGC would prevail under any standard in this appeal) [PDF]
- Powell Valley Nat'l Bank v. PBGC, No. 12‑18 (W.D. Va. Sept. 4, 2013) (upholding PBGC's determination that a plan administrator abused his discretion by calculating lump sums on the basis of plan amendments adopted after the plan had terminated, even though such amendments were intended to conform the plan to existing law) [PDF]
- Quality Automotive Svcs. v. PBGC, No. 12‑1503 (D.D.C., Aug. 15, 2013) (upholding PBGC's determination that QAS's withdrawal from a multiemployer fund would cause substantial damage to the fund's contribution base, notwithstanding QAS's replacement by another company with a similar level of required contributions to the fund) [PDF]
- Sun Capital Partners III v. New England Teamsters & Trucking Indus. Pens. Fund, No. 12-2312 (1st Cir., July 15, 2013) (agreeing with amicus curiae PBGC that at least one of two private equity funds was a "trade or business" under "common control" with the withdrawing employer for purposes of liability under MPPAA, and according Skidmore deference to the PBGC Appeals Board's analysis of the same issue in a prior case) [PDF]
- Deppenbrook v. PBGC, No. 11-600 (D.D.C., June 18, 2013) (upholding under a deferential standard PBGC Appeals Board's conclusions that plaintiffs were not eligible for shutdown benefits under PBGC regulations, because they did not undergo a break in service as a result of a plant shutdown prior to the pension plan's termination date, and their earlier receipt of termination notices under the Workers Adjustment Retraining and Notification Act did not constitute a constructive break in service). [PDF]
- H&R Convention & Catering Corp. v. Somerstein, No. 12‑1425 (E.D.N.Y., May 8, 2013) (holding that PBGC's assumption of trusteeship of a terminated plan deprives a former plan fiduciary of standing to maintain actions as a fiduciary; and declining to consider equitable remedy of declaratory relief for former fiduciary's claim for contribution and indemnity where former fiduciary had adequate legal remedies available under ERISA's comprehensive regulatory scheme and applicable precedent). [PDF]
- VanderKam v. PBGC, No. 09‑1907 (D.D.C., May 7, 2013) (affirming PBGC Appeals Board's determination that a participant's spouse's interest in a survivor benefit under a Qualified Joint and Survivor Annuity vests on the Annuity Start Date, and cannot be divested by a subsequent domestic relations order purporting to transfer the interest in the survivor benefit to a subsequent spouse; and also rejecting the subsequent spouse's related state law claims as preempted by ERISA). [PDF]
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2012
- PBGC v. Town & Country Bank & Trust Co., No. 3:11-cv-602 (W.D. Ky. Oct. 4, 2012) (upholding PBGC’s determination that the plan’s calculation of lump sums in connection with plan termination erroneously gave effect to a post-termination plan amendment that decreased the value of the lump sums, contrary to PBGC’s regulation barring such amendments). [PDF]
- Davis v. PBGC, No. 08-1064 (D.D.C. May 30, 2012) (confirming that PBGC’s determinations and statutory interpretations are entitled to substantial deference, and comprehensively upholding PBGC’s benefit determinations for about 1,700 U.S. Airways pilots, including its actuarial assumptions and adjustments, allocation of benefits to priority categories, and interpretations of the plan and ERISA). [PDF]
- PBGC v. Asahi Tec Corp., No. 10-1936 (D.D.C. Mar 14, 2012) (holding that a U.S. District Court has personal jurisdiction over a nonresident foreign controlled group member as a direct consequence of that entity’s stock ownership of a plan sponsor on the plan’s termination date) [PDF]
- PBGC v. Bendix Commercial Vehicle Systems LLC, No. 11-cv-1961 (N.D. Ohio Feb. 24, 2012) (agreeing with PBGC that discovery beyond the administrative record is not permissible in an action to enforce PBGC’s administrative determinations under ERISA § 4062(e)). [PDF]
- Cox Enterprises v. PBGC, No. 10-14240 (11th Cir. Jan. 4, 2012) (vacating lower court's award to shareholder Cox, and holding that, consistent with Florida's distributions-to-shareholders statute, the proceeds from the sale of News-Journal must be used to pay News-Journal's other creditors, including PBGC, before any money is paid to shareholders such as Cox). [PDF]
2011
- Davis v. PBGC, No. 08-1064 (D.D.C. Sept. 30, 2011) (holding that, because plaintiffs’ motion for summary judgment was “riddled with unsupported assertions” and “filled with improper information,” and improperly relied on extra-record materials, the Court could not fairly adjudicate count eight of the amended complaint) [PDF]
- National Shopmen Pension Fund v. DISA Indus., Inc., No. 10-1827 (7th Cir. Aug. 8, 2011) (agreeing with amicus curiae PBGC that ERISA’s requirement that an employer arbitrate any dispute about an assessment of withdrawal liability before challenging it in court applies with equal force to a revision of a previously undisputed assessment) [PDF]
- PBGC v. Ferfolia Funeral Homes, Inc., No. 11-cv-574 (N.D. Ohio July 20, 2011) (holding that the limitations period applicable to PBGC's action to correct benefit distributions under a standard termination of a pension plan began to run on the date of the distributions, not the date of plan termination) [PDF]
- Stephens v. US Airways Group, Inc., No. 10-7100 (D.C. Cir. July 15, 2011) (agreeing with PBGC that plaintiffs' lump sum benefits were the actuarial equivalent of their annuitized benefits under their pension plan and that neither ERISA nor the Judicial Code authorizes an award of attorneys against PBGC, and further holding that plaintiffs may be entitled to interest to the extent of any unreasonable delay in paying their lump sum benefits) [PDF]
2010
- PBGC v. Rouge Steel Co., 50 E.B.C. 1266, 2010 WL 3324921 (E.D. Mich. Aug, 22, 2010) (upholding PBGC's recommended plan termination date under 29 U.S.C. § 1348) [PDF]
- PBGC v. Admin. Comm. for the New United Motor Mfg., Inc./UAW Hourly Defined Ben. Plan, No. 10-898 (N.D. Cal. July 11, 2010) (where PBGC’s action to terminate pension plan was rendered moot by settlement agreement with plan’s administrator, union’s motion to intervene in termination action would be denied) [PDF]
- Stephens v. PBGC, 696 F. Supp. 2d 84 (D.D.C. Mar. 17, 2010) (upholding PBGC's calculation of benefits under US Airways pilots' pension plan) (appeal docketed Aug, 2010) [PDF]
2009
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