Second Circuit Holds Arbitration Agreement Is Unenforceable Because of Prospective Waivers of Participants’ Substantive Statutory Rights and Remedies under ERISA
Second Circuit Holds Arbitration Agreement Is Unenforceable Because of Prospective Waivers of Participants’ Substantive Statutory Rights and Remedies under ERISA
In Cedeno v. Sasson, No. 21-2891-CV, __F.4th__, 2024 WL 1895053 (2d Cir. May 1, 2024), a putative class action seeking relief under ERISA Section 502(a)(2), the Second Circuit Court of…
Seventh Circuit Revives ERISA Claims Related to ESOP Purchase of Company at Allegedly Inflated Valuation Price
In Appvion, Inc. Ret. Sav. & Emp. Stock Ownership Plan by & through Lyon v. Buth, No. 23-1073, __F.4th__, 2024 WL 1739032 (7th Cir. Apr. 23, 2024), Plaintiff-Appellant is the…
Ninth Circuit: Denial of Attorneys’ Fees Was Not Abuse of District Court Discretion Where DOL Was Substantially Justified in Trial Position in ERISA Lawsuit
In Su v. Bowers, No. 22-15378, __F.4th__, 2023 WL 7009599 (9th Cir. Oct. 25, 2023) (Before: Bea, Collins, Lee) (concurrence and partial dissent by Collins), the Ninth Circuit considered whether…
Third Circuit Holds Class Action Waiver in ESOP Plan Arbitration Provision Is Unenforceable
In Henry v. Wilmington Trust NA, et al., No. 21-2801, __F.4th__, 2023 WL 4281813 (3d Cir. June 30, 2023), a case brought by Plaintiff Marlow Henry on behalf of a…
Tenth Circuit: ERISA Plan Participant’s Breach of Fiduciary Duty Claims Are Not Subject to Plan’s Mandatory Arbitration Provision
Yesterday, the Tenth Circuit Court of Appeals issued a notable decision concerning the enforcement of arbitration provisions in Harrison v. Envision Mgmt. Holding, Inc. Bd. of Directors, No. 22-1098, __F.4th__,…
Second Circuit Affirms Dismissal of ESOP Prohibited Transaction Lawsuit for Lack of Standing
In Plutzer v. Bankers Trust Company of South Dakota, et al., No. 22-561-CV, 2022 WL 17086483 (2d Cir. Nov. 21, 2022), Plaintiff-Appellant Edward Plutzer, on behalf of the Tharanco Group,…
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