Retiree Health Care Litigation

By: Meg Troy and Ron Kramer

Seyfarth Synopsis: Over the last several years, the law governing disputes on lifetime retiree health benefits in the Sixth Circuit has had many twists and turns. A recent decision may put an end to this uncertainty, confirming that a CBA’s general durational clause applies to healthcare benefits unless the

By: Meg Troy and Ron Kramer

Seyfarth Synopsis: Disputes over lifetime retiree health benefits for union retirees may become a memory of the past. For the second time in three years, the Supreme Court confirms that collective bargaining agreements must interpreted based on ordinary principles of contract law and it is inappropriate to presume that

In Plambeck v. The Kroger Co., et al., No. CIV. 11-5054-JLV (D.S.D. Mar. 11, 2013), Plaintiff underwent back surgery that she believed to be covered by her health insurance plan — a fact she claimed was confirmed by an insurance plan representative.  Yet, after the procedure, the plan

By: Ronald Kramer, Justin T. Curley, and Barbara Borowski,

 Employers may unwittingly create implied vested contractual rights to retirement and healthcare benefits for their employees in perpetuity.

 In Sonoma County Ass’n of Retired Employees v. Sonoma County, No. 10-17873 (February 26, 2013), the Ninth Circuit vacated a district court’s dismissal of

By:  Ian H. Morrison and Barbara H. Borowski

Yesterday, the Supreme Court of the United States heard oral argument in U.S. Airways, Inc. v. McCutchen, a case we previously wrote about on December 15, 2011 when we addressed the Third Circuit’s ruling and on June 25, 2012 when the Supreme Court granted certiorari.  McCutchen

By: Ron Kramer and Jim Goodfellow

Recently, the Sixth Circuit, in Witmer v. Acument Global Technologies, Inc.,Case No. No. 11-1793, concluded that the specific reservation of rights clause preserving the employer’s right to terminate the plan that was found in the Appendix to the collective bargaining agreement that provided retiree medical benefits