APPENDIX ACourt Order • January 18th, 2019
Contract Type FiledJanuary 18th, 2019However, I disagree completely with the majority on the next issue. The majority creates federal common law to hold the successors liable for Findlay’s pension obligations. The Successors argue that 29 U.S.C. § 1369 enumerates the only circumstances where the PBGC can impose Termination Liability on the successor to a plan sponsor. The Successors are right.