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Supreme Court Grants Certiorari to Review Sixth Circuit's Pro-Union Inference in Retiree Health Insurance Benefits Cases
McDermott Will & Emery
May 6, 2014
"In a surprising development, the Supreme Court of the United States granted certiorari on May 5, 2014, in M&G Polymers USA, LLC v. Tackett, an appeal that should resolve a split among the federal appellate courts over how to interpret the duration of retiree health insurance benefits provided under collective bargaining agreements.... The practical effect of the circuit split has been that identical collective bargaining agreements are interpreted in contradictory ways depending on where plan participants, their union and the employer end up in court.... While one can only speculate as to why the Supreme Court chose to address this issue at this particular time, recent changes in the legal landscape for health insurance may be a factor."
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