Mark Casciari

Seyfarth Shaw LLP

+ Follow Contact

Latest Posts › Employment Litigation

Share:

ERISA Litigations Defendants Take Note: Burdens Of Proof Are Becoming More Weighty

Synopsis: Many parties to ERISA litigation and arbitration pay lip service to the burden of proof, put on their respective cases and leave it to the trier of fact to decide which side deserves the victory. ...more

1/11/2019 / Arbitration , Burden of Proof , Employee Benefits , Employee Retirement Income Security Act (ERISA) , Employment Litigation , Petition for Writ of Certiorari

The Ninth Circuit Addresses Whether To Enforce An Agreement To Arbitrate ERISA Claims

Seyfarth Synopsis: The Ninth Circuit declined to enforce an agreement to arbitrate ERISA Section 502(a)(2) claims, but did not rule out enforcement in other ERISA claim contexts....more

7/27/2018 / Arbitration , Arbitration Agreements , Breach of Duty , Defined Contribution Plans , Employee Benefits , Employee Retirement Income Security Act (ERISA) , Employment Litigation , Fiduciary Duty , Putative Class Actions , University of Southern California (USC)

Arbitration And The Increasingly Political Judiciary—Should Employers (And Employees) See Arbitration As The More Neutral Forum?

Seyfarth Synopsis: The trend-lines describe employment-related litigation in the past 25 years: (1) the emergence of arbitration as a flexible and increasingly legally viable to resolve employment claims...more

7/26/2018 / Arbitration , Arbitration Agreements , Employment Litigation , Labor Disputes , Mandatory Arbitration Clauses

Seventh Circuit Says: Clear Error Standard Applies To Court Review Of Withdrawal Liability Arbitrator’s CBA Interpretation

Seyfarth Synopsis: The Seventh Circuit has now applied a clear error standard of review to a withdrawal liability arbitrator’s interpretation of a collective bargaining agreement, thus enhancing the role of the arbitrator in...more

1/16/2018 / Arbitration , Arbitrators , Collective Bargaining Agreements (CBA) , Employee Benefits , Employment Litigation , Pension Funds , Pensions , Retirement Plan , Standard of Review , Unions , Withdrawal Liability

4 Results

View per page

Page: of 1