News & Analysis as of

Supreme Court of the United States Retirement

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Fisher Phillips

SCOTUS Predictions: Supreme Court Will Rule Against Retired Firefighter in Post-Employment ADA Case

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The Supreme Court will soon decide whether a retiree can sue a former employer under the Americans with Disabilities Act (ADA) for discrimination in post-employment benefits. While the 11th Circuit Court of Appeals held that...more

Seyfarth Shaw LLP

Seyfarth’s SCOTUS Employment Law Roundup: A Win for Employers Defending Exemptions Under the FLSA, and Two Other Cases to Watch

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In an important opinion for employers defending against misclassification claims, the Supreme Court has issued its first major employment law decision of the current term in EMD Sales v. Carrera, with two other marquee...more

Eversheds Sutherland (US) LLP

Unclaimed property hot topics: What to expect in 2025

Pivotal litigation, targeted legislation, and aggressive regulatory interpretations will reshape the unclaimed property landscape for US companies in 2025. States continue to expand the application and enforcement of their...more

Parker Poe Adams & Bernstein LLP

Supreme Court Hears Arguments on ADA Retiree Discrimination Claims

On Monday, the U.S. Supreme Court heard oral arguments in a case that could have significant impacts on employee retiree medical insurance plans. In Stanley v. City of Sanford, a retired city employee alleges that Sanford’s...more

Groom Law Group, Chartered

Supreme Court to Decide ERISA Prohibited Transaction Dispute

On October 4, 2024, the Supreme Court agreed to hear an appeal in Cunningham v. Cornell University. The appeal involves review of a split among the United States Courts of Appeals over what plaintiffs must plead when...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Supreme Court to Determine Whether Retirees Can Claim Disability Discrimination in Benefits

The Supreme Court of the United States has agreed to hear a case that will decide whether retirees can sue for disability discrimination because of changes to retiree benefit plans....more

Carlton Fields

Supreme Court Plays Its Cards on Constitutionality of SEC In-House Court Actions

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The U.S. Supreme Court’s June 2023 decision to grant certiorari in SEC v. Jarkesy called into question the SEC’s ability to pursue penalties and other legal remedies before the SEC’s in-house administrative law judges. If...more

Jones Day

Second Circuit Provides Valuable Guidance on Application of the Supreme Court's Price-Impact "Mismatch" Framework

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In Short - The Situation: The United States Court of Appeals for the Second Circuit recently decertified a class of stockholders who alleged that Goldman Sachs maintained an inflated share price by making...more

Jackson Lewis P.C.

Supreme Court Justice Breyer Officially Retires; Ketanji Brown Jackson Sworn In as Associate Justice

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Justice Stephen Breyer officially retired from active service on the U.S. Supreme Court as of noon on June 30, 2022. As covered in The Road to the U.S. Supreme Court series, Justice Breyer previously announced his intent...more

Jackson Lewis P.C.

Looking Back: Spotlight on Justice Breyer’s Employment Law Legacy

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On January 27, 2022, Justice Stephen Breyer formally announced his retirement from the nine-member U.S. Supreme Court, effective at the start of the 2022 summer recess....more

Foley & Lardner LLP

Mandatory Retirement – Can You Toss the Old Guy Out?

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A common trope of a 1930’s film is the callous boss handing a wizened older Wallace Barry looking man a gold watch and showing him the door as a young up-and-comer sits himself down at his desk. Is mandatory retirement legal...more

Kilpatrick

United States Supreme Court Hears Oral Argument Involving Differential State Tax Treatment of Federal / State Government...

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On December 3, 2018, the United States Supreme Court heard oral argument in Dawson v. Steager, a case addressing West Virginia’s personal income tax regime, which exempts state employee retirement benefits without offering...more

Constangy, Brooks, Smith & Prophete, LLP

Thank you, Justice Sandra Day O'Connor

We wish you the very best. As you have no doubt heard, on Tuesday retired Supreme Court Justice Sandra Day O'Connor announced her withdrawal from public life because of dementia, "probably Alzheimer's disease."...more

Akin Gump Strauss Hauer & Feld LLP

American Indian Law and Policy: 10 Things You Need to Know - July 2018

All three branches of the federal government had a busy spring. The U.S. Supreme Court just completed its 2017 term in June with a full-strength bench after spending much of the previous term with only eight justices after...more

Fisher Phillips

Web Exclusive - June 2018: The Top 18 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Fisher Phillips

What Do Employers Need To Know About Justice Kennedy’s Retirement?

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Supreme Court Justice Anthony Kennedy’s announcement of his impending retirement, effective the end of next month, provides President Trump with the opportunity to reshape the Court in a manner not seen in decades. If the...more

Jackson Lewis P.C.

High Court Orders Sixth Circuit To Clean Up Its Retiree Health Benefits Case Law ‘Mess’

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Collective bargaining agreements, including those that establish ERISA plans, should be interpreted according to ordinary principles of contract law, the U.S. Supreme Court has reaffirmed in a per curiam opinion. CNH...more

Miller Canfield

Supreme Court Reaffirms Rejection of Inferences in Retiree Health Benefit Dispute

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The U.S. Supreme Court has reversed a U.S. 6th Circuit Court of Appeals decision holding that that former employees of CNH Industrial N.V. were entitled to lifetime, vested healthcare benefits. The opinion, issued yesterday,...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Put It in the CBA: Supreme Court Once Again Finds Retiree Health Benefits Are Not Vested

On February 20, 2018, the Supreme Court of the United States tackled another controversy from the Sixth Circuit Court of Appeals regarding whether retiree medical benefits enjoyed by individuals who retired while a collective...more

Proskauer - Employee Benefits & Executive...

Tackett Redux: Ordinary Principles of Contract Interpretation Mean No Inference of Vesting

In an opinion released yesterday, the Supreme Court reaffirmed that collective bargaining agreements (CBAs) must be interpreted according to “ordinary principles of contract law.” CNH Industrial N.V. v. Reese, No. 17-515,...more

BakerHostetler

Supreme Court Overrules Sixth Circuit (Again) In Class Action Dispute Over Retiree Medical Benefits

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Is Yard-Man really dead this time? This issue should never have arisen, the Supreme Court should not have had to address it in 2015, and it shouldn’t have required Supreme Court attention a second time just three years...more

Bradley Arant Boult Cummings LLP

A Look Back at Significant Developments in Class Action Law in 2017

From the standpoint of class action practice, 2017 was as important for what did not happen as for what did. Here are some of the highlights and lowlights of the 2017 class action scorecard, with a look forward to how the...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Howell v. Howell

On May 15, 2017, the U.S. Supreme Court decided Howell v. Howell, No. 15-1031, holding that where a veteran waives retirement pay to receive service-related disability benefits, federal law preempts state courts from ordering...more

Proskauer - Employee Benefits & Executive...

District Court Rules Johnson Controls Retirees Not Entitled to Lifetime Health Benefits

A district court in the Middle District of Pennsylvania held that, notwithstanding the Supreme Court’s decision in M & G Polymers USA, LLC v. Tackett, 135 S. Ct. 926 (2015), the Third Circuit’s rule that clear and express...more

BakerHostetler

Sixth Circuit Issues Different Opinions on Retiree Medical Coverage After Tackett

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For 33 years, unionized employers in the Sixth Circuit had to deal with the holding and, worse still, the application of the decision in UAW v. Yard-Man, Inc., 716 F.2d 1476 (6th Cir. 1983), which created what it called an...more

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