Stuart M. Gerson, Member of the Firm in the Litigation and Health Care & Life Sciences practices, in the firm's Washington, DC, and New York offices, provided commentary on M&G Polymers USA v. Hobert Freel Tackettin “Supreme Court Considers Whether Free Retiree Benefits Continue,” by Allen Smith. (Read the full article - subscription required.)
Following is an excerpt:
The 3rd and 5th Circuits have exactly the opposite presumption as Yard-Man. So, in those circuits, if the contract is silent, retiree health benefits are presumed to expire, noted Stuart Gerson, an attorney with Epstein Becker & Green in Washington, D.C. He expected Yard-Man to fall and extrinsic evidence allowed in to interpret contracts.
