No. 18-6543

John J. Koresko v. R. Alexander Acosta, Secretary of Labor

Lower Court: Third Circuit
Docketed: 2018-11-01
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 29-usc-1132 appropriate-relief benefit-plans defined-benefit defined-benefit-plan erisa erisa-29-usc-1132 erisa-standing fiduciary-duty monetary-relief plan-surplus secretary-of-labor standing statutory-interpretation surplus-assets trust
Key Terms:
Arbitration ERISA Securities JusticiabilityDoctri
Latest Conference: 2019-01-04
Question Presented (from Petition)

Does the Secretary of Labor have standing to sue for "losses" to the surplus of an ERISA defined benefit welfare plan - i.e., a theoretical injury to a legal abstraction -- under 29 U.S.C. § 1132(a)(2) or (a)(5), without also showing concrete harm to the present property interests of participants or beneficiaries?

Whether the Third circuit correctly held—in conflict with this Court - that 29 U.S.C. § 1132(a)(2) and (a)(5) authorized the courts to ignore contractual language, supersede the interpretation by the person with settlor/sponsor/administrator and trustee powers, and refuse to recognize his right to amend welfare benefit plans and deprive the Secretary of standing?

Did the District Court's order to permanently bar Petitioner from providing services to any employee benefit plan exceed the limited "appropriate relief' permitted by 29 U.S.C. §1132(a)(2) and (5), especially when Congress only barred felons from positions in ERISA plans in 29 U.S.C. § 1, and the court otherwise granted a complete and adequate remedy at law?

Question Presented (AI Summary)

Does the Secretary of Labor have standing to sue for 'losses' to the surplus of an ERISA defined benefit welfare plan without showing concrete harm to the present property interests of participants or beneficiaries?

Docket Entries

2019-01-07
Petition DENIED.
2018-12-06
DISTRIBUTED for Conference of 1/4/2019.
2018-12-03
Waiver of right of respondent Acosta, Sec. of Labor to respond filed.
2018-10-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 3, 2018)
2018-08-30
Application (18A225) granted by Justice Alito extending the time to file until November 9, 2018.
2018-08-29
Application (18A225) to extend the time to file a petition for a writ of certiorari from September 10, 2018 to November 9, 2018, submitted to Justice Alito.

Attorneys

Acosta, Sec. of Labor
Noel J. FranciscoSolicitor General, Respondent
John J. Koresko
John J. Koresko V — Petitioner