No. 21-2
K. Wendell Lewis, et al. v. Pension Benefit Guaranty Corporation
Tags: administrative-law agency-deference chevron-deference erisa fiduciary-duty pension-benefit-guaranty-corporation pension-benefits plan-termination statutory-interpretation
Latest Conference:
2021-09-27
Question Presented (from Petition)
Has the D.C. Circuit improperly extended Chevron deference to PBGC's construction of ambiguous statutory provisions in informal, non-binding adjudications undertaken not in the agency's congressionally assigned role as insurer (or in any other regulatory capacity) but instead as a plan trustee and fiduciary?
Question Presented (AI Summary)
Has the D.C. Circuit improperly extended Chevron deference to PBGC's construction of ambiguous statutory provisions in informal, non-binding adjudications undertaken not in the agency's congressionally assigned role as insurer (or in any other regulatory capacity) but instead as a plan trustee and fiduciary?
Docket Entries
2021-10-04
Petition DENIED. Justice Kavanaugh took no part in the consideration or decision of this petition.
2021-08-18
DISTRIBUTED for Conference of 9/27/2021.
2021-08-16
Reply of petitioners K. Wendell Lewis, et al. filed.
2021-08-02
Brief of respondent Pension Benefit Guaranty Corporation in opposition filed.
2021-06-30
Petition for a writ of certiorari filed. (Response due August 2, 2021)
Attorneys
K. Wendell Lewis, et al.
Anthony F. Shelley — Miller & Chevalier Chartered, Petitioner
Pension Benefit Guaranty Corporation
Joseph Martin Krettek II — Pension Benefit Guaranty Corporation, Respondent