| No. 23-1209 | |
| Title: | M & K Employee Solutions, LLC, et al., Petitioners v. Trustees of the IAM National Pension Fund |
| Docketed: | May 13, 2024 |
| Lower Ct: | United States Court of Appeals for the District of Columbia Circuit |
| Case Numbers: | (22-7157, 22-7158, 23-7028) |
| Decision Date: | February 9, 2024 |
| Questions Presented | |
| Date | Proceedings and Orders |
| May 09 2024 | Petition for a writ of certiorari filed. (Response due June 12, 2024) |
| PetitionAppendixCertificate of Word CountProof of Service | |
| May 22 2024 | Motion to extend the time to file a response from June 12, 2024 to July 12, 2024, submitted to The Clerk. |
| Main Document | |
| May 24 2024 | Motion to extend the time to file a response is granted and the time is extended to and including July 12, 2024. |
| Jun 12 2024 | Brief amicus curiae of Chamber of Commerce of the United States of America filed. |
| Main DocumentCertificate of Word CountCertificate of Word Count | |
| Jul 12 2024 | Brief of respondent Trustees of the IAM National Pension Fund in opposition filed. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Jul 31 2024 | DISTRIBUTED for Conference of 9/30/2024. |
| Jul 31 2024 | Reply of petitioners M & K Employee Solutions, LLC, et al. filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 07 2024 | The Solicitor General is invited to file a brief in this case expressing the views of the United States. |
| May 27 2025 | Brief amicus curiae of United States filed. |
| Main DocumentProof of Service | |
| Jun 06 2025 | Supplemental brief of respondents Trustees of the IAM National Pension Fund filed. (Distributed) |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Jun 10 2025 | DISTRIBUTED for Conference of 6/26/2025. |
| Jun 10 2025 | Supplemental brief of petitioners M & K Employee Solutions, LLC, et al. filed. (Distributed) |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Jun 30 2025 | Petition GRANTED limited to the following question: Whether 29 U. S. C. §1391’s instruction to compute withdrawal liability “as of the end of the plan year” requires the plan to base the computation on the actuarial assumptions to which its actuary subscribed at the end of the year, or allows the plan to use different actuarial assumptions that were adopted after the end of the year. |
| Jul 03 2025 | The order granting the petition for a writ of certiorari is amended as follows. The petition for a writ of certiorari is granted limited to the following question: Whether 29 U. S. C. §1391’s instruction to compute withdrawal liability “as of the end of the plan year” requires the plan to base the computation on the actuarial assumptions most recently adopted before the end of the year, or allows the plan to use different actuarial assumptions that were adopted after, but based on information available as of, the end of the year. |
| Jul 17 2025 | Motion for an extension of time to file the briefs on the merits filed. |
| Main Document | |
| Jul 17 2025 | Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including August 28, 2025. The time to file respondents' brief on the merits is extended to and including October 14, 2025. |
| NAME | ADDRESS | PHONE |
| Attorneys for Petitioners | ||
| Michael Edward Kenneally Jr. Counsel of Record | Morgan, Lewis & Bockius LLP 1111 Pennsylvania Avenue, NW Washington, DC 20004 MICHAEL.KENNEALLY@MORGANLEWIS.COM | (202) 739-3000 |
| Party name: M & K Employee Solutions, LLC, et al. | ||
| Attorneys for Respondent | ||
| John Edward Roberts Counsel of Record | Proskauer Rose LLP One International Place Boston, MA 02110 jroberts@proskauer.com | 617.526.9813 |
| Party name: Trustees of the IAM National Pension Fund | ||
| Other | ||
| D. John Sauer Counsel of Record | Solicitor General United States Department of Justice 950 Pennsylvania Avenue, NW Washington, D 20530-0001 SUPREMECTBRIEFS@USDOJ.GOV | 202-514-2217 |
| Party name: United States | ||
| Jonathan Saul Franklin Counsel of Record | Norton Rose Fulbright US LLP 799 9th Street NW Suite 1000 Washington, DC 20001 jonathan.franklin@nortonrosefulbright.com | 2026620466 |
| Party name: Chamber of Commerce of the United States of America | ||