Delphi Retirees Ask Full 6th Circ. To Reconsider PBGC Suit
Law360 (October 16, 2020, 5:20 PM EDT) -- Delphi Corp. retirees have urged the full Sixth Circuit to reconsider a panel's finding that the Pension Benefit Guaranty Corp. was entitled to shut down a company pension plan after its bankruptcy, arguing that the ruling ran afoul of U.S. Supreme Court precedent.
In their petition for an en banc rehearing Thursday, the retirees said the three-judge panel's conclusion last month that PBGC's termination of a pension plan covering thousands of salaried auto workers wasn't a due process violation was "directly contrary" to Nachman Corp. v. PBGC.
"Because the panel's ruling constitutes the first court of appeals decision in the nation...
Stay ahead of the curve
In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
Create custom alerts for specific article and case topics and so much more!