Delphi salaried retirees win battle in war for pension restoration

July 21, 2014 | Mike Gauntner, Online Content Manager

The Pension Benefit Guaranty Corporation has lost a battle in a war to prevent the release of thousands of documents which 20,000 Delphi and GM salaried retirees hope will lead to the restoration of their pensions.

In a strongly worded order, U.S. District Judge Arthur J. Tarnow has denied motions filed by the PBGC designed to prevent the retirees from obtaining census information and other documents.  ~~
In his decision, Judge Tarnow notes, “PBGC has been under court order since March 9, 2012 to respond to Plaintiff’s discovery requests and has only asserted boilerplate objections. Filing boilerplate objections to discovery requests is tantamount to filing no objections at all. The Court strongly condemns the practice of asserting boilerplate objections to every discovery request.”
The judge also ruled that a Magistrate Judge was correct to conclude that the PBGC has waived the right to claim privilege based on well-settled law.  ~~