September 06, 2024
The Ninth Circuit will weigh two cases involving whether class claims under the Employee Retirement Income Security Act can be forced into solo arbitration, and the Second Circuit will hear Yale University workers' bid to revive their retirement plan mismanagement suit. Here are four upcoming oral argument sessions that benefits attorneys should have on their radar.
May 24, 2024
A split Second Circuit panel backed workers — and joined three other circuits — when it rejected an attempt to force a proposed class action Employee Retirement Income Security Act lawsuit into individual arbitration, but employers are seizing on a dissent from the recent ruling to try to turn the tide.
April 02, 2024
Ex-workers for Live Nation urged the Ninth Circuit on Tuesday to allow in-court proceedings for a suit alleging an employee 401(k) plan was mismanaged, arguing a lower court shouldn't have enforced an arbitration provision in retirement plan documents when individual plan participants did not consent.
January 18, 2024
Live Nation said the Ninth Circuit shouldn't disturb a district court's order requiring retirement plan participants to arbitrate allegations that the company filled its 401(k) plan with costly and underperforming investments, arguing plan documents and federal law require the claims to be handled individually through arbitration.