United States Seventh Circuit

In a series of appeals regarding the disposition of the pension plan for United Airline pilots as part of the company's reorganization, the Pension Benefit Guaranty Corporation's (PBGC) appeal is dismissed where it requested an advisory opinion. The district court's judgment terminating the pilots' pension plan as of December 30, 2004 is affirmed where the agreement between United and the pilots represented an unreasonable increase in PBGC's liability, and an order requiring United to place funds for payment of supplemental benefits after the agreed upon termination date in a segregated fund while the court deliberated the issue is remanded with instructions to enter a judgment allowing United to reclaim the contents of the segregated fund.

Appellate Information

• Decided 10/25/2006
• Published 10/25/2006

Judges

• EASTERBROOK, Circuit Judge., Before BAUER, POSNER, and EASTERBROOK, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• David R. Seligman (argued), James J. Mazza, Jr., Kirkland & Ellis, Chicago, IL, for Appellant., Jack J. Carriglio, Eric E. Newman, Meckler, Bulger & Tilson, Chicago, IL, for United Retired Pilots Benefits Protection Association, et al., Matthew C. Luzadder, Kelley, Drye & Warren, Chicago, IL, Jeffrey B. Cohen (argued), Paula Connelly, Pension Benefit Guaranty Corporation, Office of the General Counsel, Washington, DC, for Pension Benefit Guaranty Corporation., Chad J. Husnick, Kirkland & Ellis, Chicago, IL, for United Airlines, Incorporated.


• For Appellees:
  
• Babette A. Ceccotti (argued), Cohen, Weiss & Simon, New York, NY, for Appellee, Air Line Pilots Association, International.