Tobacco litigation-Health and welfare funds

Article Abstract:

Union health and welfare funds trying to recoup for the cost of treating their participants' smoking related maladies have no standing to seek a class action suit against tobacco firms and industry organizations under US antitrust laws or the Racketeer Influenced & Corrupt Organizations Act (RICO). According to the funds, the tobacco companies and industry organizations allegedly conspired to prevent them from obtaining and using information that would have reduced the incidence of smoking and illness. The fraud and conspiracy charges brought under antitrust laws and the RICO were the focus of the funds' federal statutory claims. They also alleged state common-law claims for misrepresentation, breach of special duty, unjust enrichment, negligence, strict liability and breach of warranty. The court of appeals found that the remoteness of the funds' injury from the tobacco companies' wrongdoing was the key problem with the funds' compliant, whether the claims were characterized as direct or indirect. However, the court acknowledged that the tobacco companies' products have indeed caused smokers to contract certain illness and that the funds and others have borne the costs of these illnesses by reimbursing participants for health care costs. Article includes Steamfitters Local Union No. 420 v. Phillip Moris, Inc. case.

United States, Regulation, Licensing, and Inspection of Miscellaneous Commercial Sectors, TOBACCO PRODUCTS, Tobacco Manufacturing, Antitrust Law, Tobacco industry, Philip Morris Inc.

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Claims procedure/exhaustion

Article Abstract:

Employees who participated in strikes and not immediately reinstated after the strike cannot receive severance benefits regardless of their employer's violation of the reporting and disclosure requirements of the ERISA. The district Court of Maine ruled in the case of the United Paperworks International Union, Local 14 versus International Paper Co that the union had failed to exploit every administrative remedy. Although the court did find evidence that the company did violate ERISA rules on reporting and disclosure, it refused to award damages to the union due to its lack of standing to sue.

Paperboard mills, Paper mills, Pulp mills, Laws, regulations and rules, Paper industry, International Paper Co., Severance pay, United States. District Court. Maine, United Paperworkers International Union

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Nonqualified plans for union officials

Article Abstract:

Union officials may avail of retirement benefit plans despite the restrictions set under Section 457 of the Internal Revenue Code on tax-exempt organizations. There are 2 types of nonqualified deferred compensation schemes for union officials, namely, a top-hat plan and an excess benefit plan. An excess benefit plan provides benefits for certain employees that are in excess of the restraint on benefits and contributions. A top-hat plan is an unfunded scheme that provides deferred compensation to certain employees and management group.

Retirement Benefits, Labor relations

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