News & Analysis as of September 24, 2024

Supreme Court of the United States › Retirement

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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 -

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

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/18/2024

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

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

Carlton Fields on 10/3/2023

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

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

Jones Day on 8/31/2023

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

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

Jackson Lewis P.C. on 7/1/2022

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

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

Jackson Lewis P.C. on 2/23/2022

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

Mandatory Retirement – Can You Toss the Old Guy Out?

Foley & Lardner LLP on 11/9/2021

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

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

Kilpatrick on 12/6/2018

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

Thank you, Justice Sandra Day O'Connor

Constangy, Brooks, Smith & Prophete, LLP on 10/25/2018

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

News Now: Judicial Retirements, Dark Money, And More

Sherman & Howard L.L.C. on 8/7/2018

The last month has seen some big shake-ups in both the federal and state judiciary. Here are your highlights:- Kennedy retires from SCOTUS. Justice Anthony Kennedy officially retired from the US Supreme Court on July 31. ...more

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

Akin Gump Strauss Hauer & Feld LLP on 7/18/2018

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

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

Fisher Phillips on 7/10/2018

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

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

Fisher Phillips on 6/29/2018

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

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

Jackson Lewis P.C. on 3/6/2018

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

Supreme Court Reaffirms Rejection of Inferences in Retiree Health Benefit Dispute

Miller Canfield on 2/23/2018

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

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

Ogletree, Deakins, Nash, Smoak & Stewart,... on 2/23/2018

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

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

Proskauer - Employee Benefits & Executive... on 2/22/2018

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

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

BakerHostetler on 2/22/2018

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

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

Bradley Arant Boult Cummings LLP on 1/26/2018

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

Supreme Court Decides Howell v. Howell

Faegre Drinker Biddle & Reath LLP on 5/16/2017

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

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

Proskauer - Employee Benefits & Executive... on 4/22/2016

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

Sixth Circuit Issues Different Opinions on Retiree Medical Coverage After Tackett

BakerHostetler on 3/10/2016

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

Investment Management Update - October 2015

Ballard Spahr LLP on 10/15/2015

Below is a summary of recent investment management developments that affect registered investment companies, private equity funds, hedge funds, investment advisers, and others in the investment management industry. Schwab...more

Don’t Play Hide the Ball with Your Claims Procedure

Stinson - Benefits Notes Blog on 9/22/2015

ERISA does not have a statute of limitations for lawsuits brought by participants to check claim benefits under the plan. Instead, courts borrow from similar state statutes of limitations. In a decision two years ago, the US...more

U.S. Supreme Court Describes “Ordinary Principles of Contract Law”

Smith Anderson on 2/19/2015

In a contract governed by federal law, does “The End” really mean “The End”? Some federal courts have said “no,” but the U.S. Supreme Court has just said “yes.” ...more

Supreme Court Rejects Sixth Circuit’s Yard-Man Inferences in M&G Polymers USA, LLC v. Tackett

McDermott Will & Emery on 2/19/2015

In M&G Polymers USA, LLC v. Tackett, 135 S. Ct. 935 (2015), the Supreme Court of the United States addressed the interpretation of collective bargaining agreements (CBAs) that include post-retirement welfare benefits, such as...more

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Supreme Court of the United States › Retirement

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