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T. Kimberly Williams v. Elton Corporation, et al.

Paid petition · United States Court of Appeals for the Third Circuit, No. 23-1499, 23-1501, 23-1503, 23-1511, 23-1518, 23-1526, 23-1546, 23-1868, 23-1869 · judgment September 18, 2024


Certiorari denied · October 6, 2025
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

This petition involves three questions of exceptional importance:

  1. Whether the pension plan at issue in this case, designed and operated for over 70 years to provide pensions from a unitary asset pool for the employees of three generations of a family, is a multiple employer plan sponsored by the employers as a whole under the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1001 et seq.

  2. Whether ERISA’s broad coverage provision, 29 U.S.C. § 1003(a)(1), encompasses a pension plan that was established by an employer for the employees of herself and her descendants, regardless of whether any or all of the employers maintained the plan.

  3. Whether, by selecting and reporting to the trustee of the plan which of their employees are eligible to receive pensions under the plan, the employers maintained the plan for purposes of ERISA’s coverage provision.

Counsel of record

For petitioner
T. Kimberly Williams

For respondent
Charles M. Dyke
Nixon Peabody LLP

Case

Conference history
Distributed for 1 conference

Linked docket
24A824

Proceedings

  1. Oct 06 2025
    Petition DENIED.
  2. Jun 17 2025
    DISTRIBUTED for Conference of 9/29/2025.
  3. Jun 09 2025
    Waiver of right of respondents Mary Mills Abel Smith; Katherine D. Gahagan to respond filed.
  4. Jun 09 2025
    Waiver of right of respondents James B. Wyeth, Solely as Executor and Personal Representative of the Estate of Phyllis M. Wyeth to respond filed.
  5. Jun 06 2025
    Waiver of right of respondent First Republic Trust Co. of Delaware LLC to respond filed.
  6. May 23 2025
    Waiver of right of respondent Christopher T. duPont to respond filed.
  7. May 05 2025
    Petition for a writ of certiorari filed. (Response due June 9, 2025)
  8. Feb 28 2025
    Application (24A824) granted by Justice Alito extending the time to file until May 3, 2025.
  9. Feb 22 2025
    Application (24A824) to extend the time to file a petition for a writ of certiorari from March 4, 2025 to May 3, 2025, submitted to Justice Alito.