Eleventh Circuit Upholds Non-Signatory’s Right to Sue Under ERISA Despite Arbitration Agreement
Eleventh Circuit Upholds Non-Signatory’s Right to Sue Under ERISA Despite Arbitration Agreement
In Lubin v. Starbucks Corp., No. 21-11215, __F.4th__, 2024 WL 5113125 (11th Cir. Dec. 16, 2024), a pivotal ruling that highlights the intricacies of arbitration agreements and their enforceability, the…
Seventh Circuit: Sole Proprietorship Is Liable for Unpaid Pension Contributions to Multi-Employer Plan
In Trustees of the N.E.C.A./LOCAL 145 I.B.E.W. Pension Plan v. Mausser, No. 24-1472, 2024 WL 4647936 (7th Cir. Nov. 1, 2024), the Trustees of the National Electrical Contractors Association and…
Sixth Circuit Finds ERISA Plan Arbitration Clause Unenforceable Because It Precludes Representative Actions
Plaintiff-Appellant Bradley Fleming was frustrated in his attempt to hold the fiduciaries of his former company’s 401(k) Plan liable for alleged breaches of their ERISA fiduciary duties because the Plan…
Sixth Circuit Reverses Withdrawal Liability Judgment Against Spouse of Sole Shareholder Who Ran Jewelry Business
In Loc. No. 499, Bd. of Trustees of Shopmen’s Pension Plan v. Art Iron, Inc., No. 22-3925, __F.4th__, 2024 WL 4297674 (6th Cir. Sept. 26, 2024), Defendants Robert and Mary…
Sixth Circuit Holds ERISA Retirement Plan’s Individual Arbitration Provisions Are Invalid
In Parker v. Tenneco, Inc., No. 23-1857, __F.4th__, 2024 WL 3873409 (6th Cir. Aug. 20, 2024), Plaintiffs-Appellees are participants in 401(k) Plans administered by Tenneco Inc., the parent company of…
Seventh Circuit Holds State Law Claims Seeking Payment and Penalties for Unpaid Medical Bills from Self-Funded Health Plan Are Preempted by ERISA
In Carnes v. HMO Louisiana, Inc., No. 23-2903, __F.4th__, 2024 WL 3873528 (7th Cir. Aug. 20, 2024), Plaintiff-Appellant Carnes appealed the district court’s dismissal of his lawsuit against Defendant HMO…
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