The Ninth U.S. Circuit Court of Appeals said yesterday that
its 2003 opinion in a case was “opaque” and did not render it “clearly
established” that peeking at Juvenile Court records without court permission is
a constitutional violation.
A
majority of the three-judge label rendering yesterday’s decision called for an
en banc reconsideration of the 2003 decision in
Gonzalez v. Spencer.
Yesterday’s
per curium opinion was signed by Circuit Judges Richard C. Tallman and Danielle
J. Hunsaker, as well as District Court Judge Roslyn O. Silver of the District
of Arizona, sitting by designation. Hunsaker wrote a concurring opinion in
PBGC’s rights to assets from former plan sponsor upheld
Bloomberg
A federal appeals court in Florida has backed the Pension Benefit Guaranty Corp. in its legal bid to go after the owner of a company that took more than two decades to shut down its pension plan. From the confluence of bankruptcy, employee benefits and corporations law comes this most unusual case, wrote Judge Richard C. Tallman for the 11th Circuit U.S. Court of Appeals in Miami in the Nov. 24 order upholding a U.S. District Court s 2019 judgment for the PBGC.
The PBGC filed the case in July 2018 to collect unfunded benefit liabilities it was owed when the Liberty Lighting Co. Inc. Pension Plan for IBEW Employees, Chicago, was terminated and taken over by the agency, and for premiums owed to PBGC because of the termination. The lawsuit also sought to recover any property fraudulently transferred while Liberty and other companies owned by Joseph Wortley were winding down.