Seventh Circuit Holds ERISA Claims Are Arbitrable but Arbitration Provision Forbidding Plan-Wide Relief Is Unenforceable
Seventh Circuit Holds ERISA Claims Are Arbitrable but Arbitration Provision Forbidding Plan-Wide Relief Is Unenforceable
In Smith v. Bd. of Directors of Triad Mfg., Inc., No. 20-2708, __F.4th__, 2021 WL 4129456 (7th Cir. Sept. 10, 2021), Plaintiff-Appellee James Smith sued the fiduciaries of the Triad’s…
Second Circuit Revives Breach of Fiduciary Duty Claims in Class Action Against New York University Retirement Plans
Sacerdote v. New York Univ., No. 18-2707-CV, __F.4th__, 2021 WL 3610355 (2d Cir. Aug. 16, 2021) involves a class action brought by participants in retirement plans administered by New York University…
Fifth Circuit Affirms Dismissal of Putative Class Action Against American Airlines for Allegedly Imprudent 401(k) Plan Investment Options
In Ortiz v. Am. Airlines, Inc., No. 20-10817, __F.4th__, 2021 WL 3030550 (5th Cir. July 19, 2021), Plaintiffs-Appellants Salvadora Ortiz and Thomas Scott sued Defendants-Appellees American Airlines, Inc. (“AA”); American…
Tenth Circuit Affirms District Court’s Damages Calculation in 401(k) Breach of Fiduciary Duty Litigation
The Tenth Circuit Court of Appeals recently decided Ramos v. Banner Health, et al., No. 20-1231, __F.3d__, 2021 WL 2387909 (10th Cir. June 11, 2021). This case involves a class…
First Circuit Finds Fidelity’s Collection of Infrastructure Fees Does Not Make it a Functional Fiduciary Under ERISA
In Re: Fidelity ERISA Fee Litigation, Wong v. FMR LLC, et al., No. 20-1286, __F.3d__, 2021 WL 836766 (1st Cir. Mar. 5, 2021) involves a consolidated putative class action brought…
Second Circuit Reverses Order Compelling Arbitration of ERISA Fiduciary Breach Claims by Plan Participant Against Employer’s Third-Party Investment Advisor
Yesterday, the Second Circuit Court of Appeals issued its second decision this week involving the arbitration of ERISA claims. In Cooper v. Ruane Cunniff & Goldfarb Inc., No. 17-2805, __F.3d__2021…
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