Tag Archives: retirees

Sixth Circuit Affirms Summary Judgment For Employer In Retiree Health Care Class Action

By Greg Mersol on September 28, 2012 Posted in ERISA

We’ve commented in this blog before about the Sixth Circuit’s holdings regarding retiree healthcare under collective bargaining agreements. Starting with the case of UAW v. Yard-Man, Inc., 716 F.2d 1476 (6th Cir. 1983), the Sixth Circuit began to apply an “inference” that collectively bargained retire welfare benefits, primarily paid health insurance, would “vest” and would … Continue Reading

Sixth Circuit Permits “Reasonable” Changes To Welfare Benefits Under Yard-Man

By Greg Mersol on September 17, 2012 Posted in ERISA

In 46 states within the U.S., a collective bargaining agreement, and the obligations it contains, expires on its expiration date. Thus, the parties must come to agreement as to the new terms at relatively regular intervals, taking into account market forces, changes in their relative bargaining positions, and their respective interests. However, in 1983, the … Continue Reading

Federal Court Dismisses Retirees’ Health Care Claims For Lack Of Standing

By Gilbert Brosky on April 20, 2012 Posted in ERISA

The Sixth Circuit has been a hotbed of class action litigation involving retiree healthcare under collectively bargained plans. Retirees seeking benefits have prevailed in many such cases based on the 1983 Sixth Circuit case of UAW v. Yard-Man, Inc., 716 F.2d 1476 (6th Cir. 1983). But what if an employer has only threatened to reduce … Continue Reading

Retiree Class Action Remanded To State Court For “Untimely-ish” Removal

By Todd Dawson on March 21, 2011 Posted in ERISA

A wise man (who we’d never heard of until searching for witty quotes with which to open this article) once said, “Procrastination is the bad habit of putting off until the day after tomorrow what should have been done the day before yesterday.” The UAW will undoubtedly attest to this notion following the decision earlier this year … Continue Reading

Sixth Circuit Holds Class Members’ ERISA Claims Accrued When They Knew Their Benefits Changed

By Gilbert Brosky on August 8, 2010 Posted in ERISA

The Sixth Circuit recently reversed an injunction that required Caterpillar to pay lifetime health care costs to a subclass of 275 former employees upon finding the subclass members’ ERISA claims were time-barred. Winnett v. Caterpillar, Inc., No. 06-00235 (6th Cir. 6/22/2010). The plaintiffs filed their lawsuit on March 28, 2006 and claimed Caterpillar breached a … Continue Reading