Kennedy ERISA Participants to Brief Plan Document Issue for Supreme Court

4united_states_supreme_court_112904 This is not wholly unpredictable, but the Supreme Court in the ERISA case of Kennedy v. DuPont Savings Plan told the parties to brief an issue that pretty much dominated oral argument.

From SCOTUSBlog:

The Supreme Court on Tuesday ordered lawyers to file new briefs by Nov. 10 on a new issue in a pending case testing a divorced spouse’s right to the other spouse’s pension benefits.  The question was posed in Kennedy v. DuPont Savings Plan Administrator (07-636) — a case heard by the Justices on Oct. 7.  The new question tests the application to the case of a part of federal benefit law that requires benefit plan administrators to operate the plan as dictated by plan documents — an issue that the Court appeared previously to have declined to hear . . . .

 

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The Unemployment Rate Is Worse Than You Think

Graph_down I have been telling students in my employment law class for years that the reported unemployment rate that so many in this country depend upon is a farce and does not nearly capture the full number of the people without jobs or underemployed in the United States.

Daniel Gross of Slate does a nice job explaining this latest form of voodoo economics:

It’s hard to overstate the poor numbers coming out of Wall Street in recent months. But could it be that we’re overstating the gravity of the situation? As job losses have mounted and consumer confidence has plunged, policymakers, news organizations, econo-pundits, and even some of my Slate colleagues have noted that the unemployment rate, which rose to 6.1 percent in September, seems to be at a nonrecessionary, noncatastrophic, low level. The unemployment rate is still below where it was in 2003; and between September 1982 and May 1983, the last very deep recession, it topped 10 percent . . . .

But maybe the employment data are much worse than they seem.

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