Davis v. Pension Benefit Guaranty Corp., No. 08-5524

In an action seeking a preliminary injunction to prohibit the Pension Benefit Guaranty Corporation from implementing its benefit determinations regarding certain airline pilots while a separate action was pending, the denial of the injunction is affirmed, where the pilots showed neither a substantial likelihood of success on the merits nor irreparable harm.

Read Davis v. Pension Benefit Guaranty Corp., No. 08-5524

Appellate Information

Argued May 5, 2009

Decided July 10, 2009

Judges

Opinion by Judge Brown

Concurrence by Judge Kavanaugh

Counsel

For Appellants:

Anthony F. Shelley, Miller & Chevalier, Washington, DC

Timothy P. O'Toole, Miller & Chevalier, Washington, DC

For Appellee:

James J. Armbruster, Assistant Chief Counsel, Pension Benefit Guaranty Corporation, Washington, DC