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The Judicial Conference of the United States has approved new Rule 32.1 of the Federal Rules of Appellate Procedure, which concerns the citation of unpublished opinions, which still must be approved by the Supreme Court and transmitted to Congress. The citation rule change would end a debate that has split the circuits. The Second, Seventh, Ninth and Federal circuits ban citation of unpublished opinions outright, while six other circuits discourage it. If approved, Rule 32.1 would permit the citation in briefs of opinions, orders, or other judicial dispositions that have been designated “not for publication,” “non-precedential,” or the like. The rule applies only to decisions issued on or after Jan. 1, 2007.

EEOC rule allowing for reduced benefits upon Medicare eligibility is upheld

The District Court for the Eastern District of Pennsylvania has ruled that an Equal Employment Opportunity Commission regulation authorizing employers to reduce the health care benefits of retirees when they become eligible for Medicare is entitled to “deference” pursuant to a recent U.S. Supreme Court opinion. AARP v. EEOC, No. 05-cv-509 (Sept 27).