No. 20-1659

50509 Marine LLC, et al. v. Pension Benefit Guaranty Corporation

Lower Court: Eleventh Circuit
Docketed: 2021-05-27
Status: Denied
Type: Paid
Response Waived
Tags: chicago-title corporate-dissolution erisa erisa-interpretation federal-common-law stare-decisis state-corporate-law tenth-amendment
Latest Conference: 2021-09-27
Question Presented (from Petition)

Whether under Chicago Title & Tr. Co. v. Forty-One Thirty-Six Wilcox Bldg. Corp., 302 U.S. 120 (1937) and the Tenth Amendment to the United States Constitution, state law, not ERISA or federal common law, controls the questions of whether an Illinois corporation, that after a Chapter 7 bankruptcy liquidation dissolved in 1992, and had its stock destroyed in 1997 (1) still existed in 2012; and (2) had stock that was still owned and "controlled" with "voting rights" by the corporation's 1992 shareholder in 2012?

Question Presented (AI Summary)

Whether under Chicago Title & Tr. Co. v. Forty-One Thirty-Six Wilcox Bldg. Corp. and the Tenth Amendment, state-law or federal-common-law controls the questions of whether a dissolved Illinois corporation still existed and had stock owned and controlled in 2012

Docket Entries

2021-10-04
Petition DENIED.
2021-06-30
DISTRIBUTED for Conference of 9/27/2021.
2021-06-28
Waiver of right of respondent Pension Benefit Guaranty Corporation to respond filed.
2021-05-25
Petition for a writ of certiorari filed. (Response due June 28, 2021)

Attorneys

50509 Marine LLC, et al.
Robert Jeffrey HauserPankauski Hauser Lazarus, PLLC, Petitioner
Pension Benefit Guaranty Corporation
Charles Lester FinkePension Benefit Guaranty Corporation, Respondent