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, authored an article in Law360 titled “High Court Measures Up Yard-Man in Oral Arguments.” (Read full version- subscription required.)

Following is an excerpt:

On Nov. 10, 2014, the U.S. Supreme Court heard oral argument in M&G Polymers USA v. Tackett, a health benefits case that could affect companies profoundly in their ongoing labor relations and in the provision and maintenance of retiree health insurance coverage. The question in this case involves the so-called Yard-Man presumption, applied only in the Sixth Circuit in the context of whether the courts should infer that silence as to the duration of retiree health insurance benefits established under a collective bargaining agreement means that such health benefits are fully vested and apply for the lifetimes of covered retirees. M&G argued that, in the absence of clear language to the contrary, while the Employee Retirement Income Security Act and contract might mandate that underlying pension benefits have vested, the company’s obligation to fund retiree health care ceases when the collective bargaining agreement expires.

Jump to Page

Privacy Preference Center

When you visit any website, it may store or retrieve information on your browser, mostly in the form of cookies. This information might be about you, your preferences or your device and is mostly used to make the site work as you expect it to. The information does not usually directly identify you, but it can give you a more personalized web experience. Because we respect your right to privacy, you can choose not to allow some types of cookies. Click on the different category headings to find out more and change our default settings. However, blocking some types of cookies may impact your experience of the site and the services we are able to offer.

Strictly Necessary Cookies

These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work. These cookies do not store any personally identifiable information.

Performance Cookies

These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies we will not know when you have visited our site, and will not be able to monitor its performance.