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The Long-Awaited Death of Yard-Man
Seyfarth Shaw LLPLink to more items from this source
Jan. 27, 2015

"Justice Thomas delivered the opinion of the Court and dismantled the Yard-Man presumption. In Yard-Man, the Sixth Circuit professed to apply traditional rules for contract interpretation in finding that retiree medical benefits ... had vested.... The Supreme Court found that the Yard-Man inference violates ordinary contract principles 'by placing a thumb on the scale in favor of vested retiree benefits in all collective bargaining agreements.' Instead, as in traditional contract interpretation, ascertaining the intention of the parties should be paramount." [M&G Polymers USA, LLC v. Tackett, No. 13-1010 (U.S. Jan. 26, 2015)]

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