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Employee Benefits › Appeals › Retirement

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Intel Wins: Ninth Circuit Puts the Brakes on Anti-Private Equity Lawsuit

Ary Rosenbaum - The Rosenbaum Law Firm P.C. on

After six long years of litigation, Intel’s 401(k) plan design just got a big legal endorsement. A three-judge panel from the Ninth Circuit dismissed a lawsuit filed by plan participants who claimed that including hedge funds...more

Venable LLP

SCOTUS Limits ADA Lawsuits by Retirees Over Post-Employment Benefits

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In a June decision, the Supreme Court limited retirees' ability to bring Americans with Disabilities Act (ADA) lawsuits, finding that the ADA generally does not allow claims by retirees or protect post-employment health...more

Carlton Fields

Second Circuit Vacates Decision Denying Arbitration

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The Second Circuit Court of Appeals recently vacated a decision holding that a union could not compel arbitration of a grievance related to an expired collective bargaining agreement....more

Nossaman LLP

Court of Appeal Upholds Limits on Pensionable Pay of Former Union President

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In Serrano v. California Public Employees Retirement System (Case No. C098392, February 25, 2025), the Third District Court of Appeal unanimously upheld the CalPERS Board’s exclusion of certain compensation paid to a member...more

Spilman Thomas & Battle, PLLC

Careful, Careful: Arbitration of Benefit Claims Under Collective Bargaining Agreements

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In Cup v. Ampco Pittsburgh Co., 2018 WL 4101049 (3rd Cir. Aug. 29, 2018), the Third Circuit addressed a case concerning the arbitrability of benefit claims by retirees in the context of collective bargaining agreements...more

Proskauer - Employee Benefits & Executive...

Third Circuit Rules That Johnson Controls Did Not Promise Lifetime Health Benefits

Proskauer - Employee Benefits & Executive... on

The Third Circuit rejected a claim for lifetime health insurance benefits filed by retired employees of Johnson Controls, finding that the clear and unambiguous language of the CBAs and group insurance booklets did not...more

Proskauer - Employee Benefits & Executive...

Sixth Circuit Issues Trilogy on Retiree Health Benefits

Proskauer - Employee Benefits & Executive... on

In three decisions issued on the same day, the Sixth Circuit held that Meritor retirees were not entitled to lifetime health benefits, while retirees at Kelsey-Hayes and CNH Industries were entitled to contractually vested...more

Genova Burns LLC

Appellate Division Finds c.78 Health Benefits Contributions Requirements Do Not Apply to Public Sector Disability Retirees

Genova Burns LLC on

Last month, in Brick Twp. PBA Local 230 v. Twp. of Brick, the Appellate Division of the Superior Court of New Jersey confirmed that N.J.S.A. 40A:10-21.1, P.L. 2011, c. 78, § 42, more commonly known as Chapter 78, does not...more

Robinson+Cole Manufacturing Law Blog

A Troubling Future Part One:  Teamsters’ Pension Rescue Plan

Robinson+Cole Manufacturing Law Blog on

Two significant developments in the multi-employer pension world emerged in September, developments which could give manufacturers concern.  While this is not the time to panic (we have plenty of time to panic), readers...more

Stinson LLP

Is Your Severance Policy an ERISA Plan?

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Severance plans are generally covered under ERISA, but it is not always easy to distinguish an ERISA-covered severance plan from a non-ERISA severance policy. There are advantages and disadvantages to being an ERISA-covered...more

Pullman & Comley, LLC

Appellate Court Notes

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- Supreme Court Advance Release Opinions: - SC19422 - Awdziewicz v. Meriden Certain police officers retired, entitling them to pension benefits under the City Charter as previously modified in a separate lawsuit...more

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