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...

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