Why The 3rd Circ.'s Unisys Decision Defies ERISA

Law360, New York (January 29, 2010, 2:38 PM EST) -- Until recently, the federal courts of appeals have generally agreed that employers who unambiguously reserve the right to make changes to health benefits by including “reservation of rights” clauses in the plan documents may modify or amend the benefits without facing liability under the Employee Retirement Income Security Act.

In In re Unisys Corporation Retiree Medical Benefits ERISA Litigation, 579 F.3d 220 (3d Cir. 2009), petition for cert. filed, __ U.S.L.W. __ (U.S. Dec. 31, 2009) (No. 09-789), however, the Third Circuit turned its back on...
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