Stuart M. Gerson, a Member of the Firm in the Litigation and Health Care & Life Sciences practices, in the firm's Washington, DC, and New York offices, was quoted in Law360, in “High Court Pans 'Thumb on the Scale' in M&G Retiree Case,” by Ben James. (Read the full version — subscription required.)
Following is an excerpt:
Some lawyers said the impact of the M&G decision would be felt most in the Sixth Circuit. Epstein Becker & Green PC partner Stuart Gerson said the high court's decision laid out a “middle ground” approach many circuits had been following anyway.
“The Sixth Circuit was the only circuit that had an inference like that, at least in overt terms. Employers in the Sixth Circuit have long believed that inference was outmoded,” said Gerson, who called the unanimous ruling a “clarifying decision.”
