Tag Archives: Batchelder

ERISA Forum Selection Clauses And Skidmore Deference

In Smith v. Aegon Companies Pension Plan (No. 12-5492), the Sixth Circuit decided whether to enforce a forum selection clause that was included in an ERISA plan seven years after the plaintiff’s benefits accrued.  The Secretary of Labor filed an amicus brief arguing that such clauses are incompatible with ERISA, which requires access to federal … Continue Reading

A Divided Sixth Circuit Panel Temporarily Halts The Contraception Mandate Under The Federal Health Care Statute

On New Year’s Eve, a divided Sixth Circuit panel granted a motion by Michigan Catholic Conference and Catholic Family Services to halt the so-called contraception mandate by the Department of Health and Human Services that went into effect under the Patient Protection and Affordable Care Act, Public Law 111-148.  See Michigan Catholic Conference, et al. v. … Continue Reading