6th Circ.'s New Approach On Retiree Health Benefits

Law360, New York (January 29, 2013, 12:30 PM EST) -- Since its decision in United Auto Workers v. Yard-Man Inc. in 1983, the Sixth Circuit has charted a unique course favoring union retirees in disputes about whether collectively bargained retiree health benefits are vested. Sometimes described as a “presumption” that benefits vest upon retirement or an inference of vesting or merely a “thumb on the scale” favoring a finding of vesting, no other court of appeals is so willing to find vesting.

Retirees have come to rely on this rule and seek out the Sixth Circuit...
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