- Professor Stephen Ware, Kansas Law
The Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 instructs the Consumer Financial Protection Bureau to study “the use of agreements providing for arbitration of any future dispute . . . in connection with the offering or providing of consumer financial products or services,” and to provide a report to Congress on the same topic. This past March, the CFPB issued its study, pursuant to the statutory requirement. Is the “arbitration study” an anti-arbitration study? Our experts discussed the report and its implications.
On January 26, 2015, the Supreme Court issued its decision in M&G Polymers USA, LLC v. Tackett. The issue in this case is whether, when courts interpret collective bargaining agreements in Labor Management Relations Act (LMRA) cases, they should assume that silence concerning the duration of retiree health-care benefits means the parties intended those benefits to vest (and therefore continue indefinitely), or should require that it be stated explicitly (or at least stated in some way) that health-care benefits are intended to endure after the expiration of the collective bargaining agreement.
In an opinion delivered by Justice Thomas, the Court held unanimously that when determining whether retiree benefits should continue indefinitely after the expiration of a collective bargaining agreement, courts should apply ordinary contract principles. Those principles do not support a presumption that the agreement reflects an intent to vest retirees with lifetime benefits. The judgment of the Sixth Circuit was vacated and the case remanded for further proceedings. Justice Ginsburg filed a concurring opinion, which Justices Breyer, Sotomayor, and Kagan joined.
To discuss the case, we have Michael DeBoer, who is an Associate Professor of Law at the Faulkner University School of Law.
Young Legal Scholars Paper Presentations
In Memory of Prof. Dan Markel, Florida State University School of Law, Prawfsblawg Founder, and former Searle fellow
January 3, 2015