Up Date by Clint Krislov

[cdillon]

From: Clint Krislov


Subject: Retiree Update-Monday’s hearing before Judge Cohen-Underwood Retiree Healthcare

On Monday, November 2, 2015, we argued to Judge Cohen over the City and Funds’ motions to dismiss our retiree healthcare complaint.


The City and Funds went first, because it was their motions to dismiss. The City took about an hour; the Funds together took another half hour. We took an hour to refute their arguments. The arguments went on for about three hours. A nice number of you were present, and I hope you felt we did a good job.


The City argued that the Kanerva and State Pensions cases do not apply: That Kanerva applies to only an employer, not a Fund (I can’t think that this argument makes sense, but whatever); and that the statutes in effect prior to the Korshak settlement do not actually require the City to provide healthcare (our argument is that the statutes required the Funds to provide healthcare for their retirees, and they did so by contracting with the City, which legally chose to be a self-insurer, and so became bound).


The Laborers’ fund asserted that the settlements’ language restoring our claims as they existed in October 1987 should be read restrictively, such that we are barred from raising these claims at all. (I called this argument untenable).


We took an hour to refute their arguments, after which they had a total of another 30-45 minutes.


The transcript should be available within the next few weeks, and we’ll post it.


Judge Cohen took the matter under advisement, saying that he would issue a written decision by December 11, 2015.


We’ll keep you posted on that, and on the appellate court’s review of our injunction request and 2013-last half audit appeal. I’d be happy to hear the thoughts of those who attended. And, as always, we appreciate your continued contributions to the war chest.


Regards,


Clint Krislov
Krislov & Associates, Ltd.
Civic Opera Building, Suite 1300
20 North Wacker Drive
Chicago, Illinois 60606
Telephone: 312-606-0500
Facsimile: 312-739-1098
Website: www.krislovlaw.com
Email: clint@krislovlaw.com