Case Study: Dewhurst V. Century Aluminum

Law360, New York (September 29, 2011, 1:11 PM EDT) -- "Once more unto the breach, dear friends, once more, " William Shakespeare, "Henry V," Act III (1598).

In July 2011, the decision of the U.S. Court of Appeals for the Fourth Circuit in Quesenberry v. Volvo Trucks North America held that the employer could not unilaterally modify its union retirees' medical benefits because the employer had agreed to follow a specific bargaining process before making changes in those benefits.

On Aug. 22, 2011, the same court decided another case involving a collectively bargained retiree health plan,...
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