United States DC Circuit

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.

Appellate Information

• Argued 05/05/2009
• Decided 07/10/2009
• Published 07/10/2009

Judges

• Before:  HENDERSON, BROWN, and KAVANAUGH, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Anthony F. Shelley argued the cause for appellants.   With him on the brief for stay or injunction pending appeal and for expedited consideration and the reply was Timothy P. O'Toole.


• For Appellees:
  
• James J. Armbruster, Assistant Chief Counsel, Pension Benefit Guaranty Corporation, argued the cause for appellee.   With him on the opposition and brief to dispose of the appeal in its entirety were Judith R. Starr, General Counsel, Israel Goldowitz, Chief Counsel, Paula J. Connelly and Garth D. Wilson, Assistant Chief Counsel, and Jean Marie Breen, Attorney.