Stuart Gerson Quoted in “Supreme Court Rules for Employer in Retiree Health Care Case”FierceCFO and CFO.com January 28, 2015
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 FierceCFO, in “Supreme Court Rules for Employer in Retiree Health Care Case,” by Susan Kelly.
Following is an excerpt:
But Stuart M. Gerson, a partner in the Washington office of law firm Epstein Becker Green, said he doubted the Supreme Court's ruling would have that big an impact.
"The Sixth Circuit is the only circuit that applied this Yard-Man presumption that, even without any evidence at all, they would presume that health benefits were to continue for the life of the employee, beyond the life of the collective bargaining agreement," Gerson said. "No other jurisdiction had that rule."
Meanwhile, some other appeals courts went too far in the other direction, Gerson said, presuming "that in order to have surviving health benefits, you had to have a specific reference to it in the collective bargaining agreement. That's not the law either."
Mr. Gerson's comments were subsequently quoted on CFO.com, in "High Court Rules for Employer in Retiree Benefits Case," by Matthew Heller.