As previously discussed, courts continue to disagree over the enforceability of mandatory arbitration provisions containing class action waivers set forth in benefit plans governed by the Employee Retirement Income Security...more
11/9/2023
/ Arbitration ,
Benefit Plan Sponsors ,
Class Action ,
Class Action Arbitration Waivers ,
Employee Retirement Income Security Act (ERISA) ,
ESOP ,
Federal Arbitration Act ,
Mandatory Arbitration Clauses ,
Petition for Writ of Certiorari ,
Split of Authority ,
Unenforceable Contract Terms
Historically, courts around the country have approached the enforceability of class action waivers and arbitration provisions in ESOP and Employee Retirement Income Security Act of 1974 (ERISA) plan documents differently,...more
9/8/2022
/ Arbitration ,
Breach of Duty ,
Class Action ,
Class Action Arbitration Waivers ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employment Litigation ,
ESOP ,
Fiduciary Duty ,
Mandatory Arbitration Clauses ,
Plan Documents ,
Putative Class Actions ,
Statutory Remedies
Courts around the country continue to approach the enforceability of class-action waivers and arbitration provisions in ERISA plan documents differently. This alert discusses recent decisions addressing these issues in ERISA...more
Courts have struggled through the years when considering the enforceability of mandatory class action waivers and arbitration provisions contained within Employee Retirement Income Security Act of 1974 (ERISA) plans and other...more
4/1/2021
/ Appeals ,
Arbitration ,
Breach of Duty ,
Class Action ,
Class Action Arbitration Waivers ,
Contract Terms ,
Employee Retirement Income Security Act (ERISA) ,
Employment Contract ,
ERISA Litigation ,
ESOP ,
Federal Arbitration Act ,
Fiduciary Duty ,
Motion to Compel ,
Split of Authority ,
Unenforceable Contract Terms