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October 1, 2018
• Welcome!
Welcome to the first edition of
ERISA & Employee Benefits Alert
. Our ERISA and Managed
Care Group will be providing curated insights and news concerning notable ERISA and
managed care issues that highlight current or emerging trends.
If you have any suggested topics for this e-newsletter, feel free to let us know. And, please
contact the chair of the ERISA and Managed Group, Grant P.H. Shuma n by e-mail or by
phone (304.340.3895) if you have any questions concerning our services.
Thanks for reading.
ERISA and Managed Care Practice Group
• Careful, Careful: Arbitration of Benefit Claims Under Collective
Bargaining Agreements
In
Cup v. Ampco Pittsburgh Co., 2018 WL 4101049 (3rd Cir. Aug. 29, 2018)
, the Third Circuit
addressed a case concerning the arbitrability of benefit claims by retirees in the context of
collective bargaining agreements ("CBA"). In
Cup
, the retirees of a company subject to a
CBA brought suit against a successor in interest that decided to terminate the retirees' health
care benefits. Although the case advanced three causes of action, the only issue the court
addressed substantively was the district court's decision that the retirees' claims were
required to be arbitrated under the terms of the CBA and/or a memorandum of agreement
concerning retiree benefits pursuant to the Labor Management Relations Act ("LMRA"). On
appeal by the successor corporation, the Third Circuit disagreed.
In essence, the court concluded the retirees were not covered by the definition of
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