Editor's Note :

Editor's Note :

There is a possibility of opinions on Tuesday, March 28 and Wednesday, March 29. We will begin live-blogging at this link at 9:45 a.m.
On Tuesday the court hears oral argument in Lee v. United States. Amy Howe has our preview.

Newell Window Furnishings Inc. v. Bender

Petition for certiorari denied on January 1, 1970
Docket No. Op. Below Argument Opinion Vote Author Term
12-163 6th Cir. N/A N/A N/A N/A OT -1
 
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Issue: (1) Whether, consistent with federal labor and employee benefits policy, collectively bargained retiree benefits should not be found “vested” for the life of the retiree when a collective bargaining agreement does not contain a “clear statement” that such benefits are vested and/or unalterable, nor any language that might reasonably be construed to provide such benefits, but does contain a provision limiting the insurance program providing benefits to the duration of the labor contract, and does incorporate booklets reserving the right to change or discontinue benefits; and (2) whether the Sixth Circuit’s singular presumption of vesting retiree health care benefits based on the status of retirement has contravened federal labor and employee benefits policy by placing a “thumb on the scales” in favor of vesting, by impeding the development of a uniform federal labor law, and by adversely affecting the national uniform administration of benefit plans.

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