No. 25-809

Perfection Bakeries, Inc. v. Retail Wholesale and Department Store International Union and Industry Pension Fund

Lower Court: Eleventh Circuit
Docketed: 2026-01-09
Status: Pending
Type: Paid
Amici (1) Experienced Counsel
Tags: allocable-amount circuit-split multiemployer-plan pension-benefit-guaranty-corporation statutory-interpretation withdrawal-liability
Key Terms:
Arbitration ERISA JusticiabilityDoctri
Latest Conference: N/A
Question Presented (AI Summary)

Whether 29 U.S.C. §1386(b)(1) requires a multiemployer plan to calculate withdrawal liability by reducing the amount in a subsequent plan year or applying the earlier withdrawal liability as an adjustment to the allocable amount of unfunded vested benefits

Docket Entries

2026-02-09
Amicus brief of The Association of Food and Dairy Retailers, Wholesalers, and Manufacturers, et al. submitted.
2026-02-09
Brief amici curiae of The Association of Food and Dairy Retailers, et al. filed.
2026-01-28
Motion to extend the time to file a response is granted and the time is extended to and including March 11, 2026.
2026-01-27
Motion of Retail Wholesale and Dept. Store Int'l Union and Industry Pension Fund for an extension of time submitted.
2026-01-27
Motion to extend the time to file a response from February 9, 2026 to March 11, 2026, submitted to The Clerk.
2026-01-06
Petition for a writ of certiorari filed. (Response due February 9, 2026)
2025-11-20
Application (25A601) granted by Justice Thomas extending the time to file until January 6, 2026.
2025-11-18
Application (25A601) to extend the time to file a petition for a writ of certiorari from December 8, 2025 to January 12, 2026, submitted to Justice Thomas.

Attorneys

Perfection Bakeries, Inc.
Mark McKay TrappConn Maciel Carey LLP, Petitioner
Mark McKay TrappConn Maciel Carey LLP, Petitioner
Retail Wholesale and Dept. Store Int'l Union and Industry Pension Fund
Eugene S. FriedmanFriedman & Anspach, Respondent
Eugene S. FriedmanFriedman & Anspach, Respondent
The Association of Food and Dairy Retailers, Wholesalers, and Manufacturers, et al.
Michael Edward Kenneally Jr.Morgan, Lewis & Bockius LLP, Amicus
Michael Edward Kenneally Jr.Morgan, Lewis & Bockius LLP, Amicus