Dejesus Cedeno v. Argent Trust Company

  1. July 10, 2024

    2nd Circ. Won't Rethink Arbitration Denial In ERISA Suit

    The Second Circuit declined to reconsider its May ruling that a group of financial services companies can't compel individual arbitration of a proposed class action accusing them of overcharging an employee stock ownership plan, rejecting one company's argument that the panel unfairly displayed "hostility to arbitration."

  2. June 14, 2024

    4 Big ERISA Decisions From The 1st Half Of 2024

    A California federal court allowed a novel type of 401(k) mismanagement suit to advance to discovery, the Ninth Circuit elaborated on the pleading standard for mental health parity claims, and workers beat back an attempt to force their federal benefits suit into arbitration at the Second Circuit. Here, attorneys discuss four consequential ERISA decisions in 2024's first half.

  3. May 24, 2024

    ERISA Arbitration Backers See Hope In 2nd Circ. Dissent

    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.

  4. May 03, 2024

    Lennar Workers Say 2nd Circ. Ruling Backs Their ERISA View

    Workers who sued Lennar Corp. in a proposed class action over mismanaging their $1.2 billion retirement plan have urged a Florida federal court to deny the company's motion for dismissal, saying a recent appellate ruling doesn't allow the employer to enforce an arbitration provision because it violates federal pension law.

  5. May 01, 2024

    Split 2nd Circ. Backs Arbitration Denial In ERISA Suit

    A divided Second Circuit panel ruled Wednesday that a group of financial services companies can't compel individual arbitration of a proposed class action accusing them of overcharging an employee stock ownership plan, saying that doing so would prevent a plan participant from seeking planwide remedies authorized by federal benefits law.

  6. February 02, 2023

    2nd Circ. Mulls Viking River's Impact On ERISA Arbitration

    A Second Circuit panel appeared skeptical Thursday of a group of financial services companies' push to send a proposed class action accusing them of overcharging an employee stock ownership plan into individual arbitration, though judges disagreed over how a recent U.S. Supreme Court decision should apply to the case.

  7. July 11, 2022

    Employer Urges 2nd Circ. To Uphold ERISA Arbitration

    Financial services companies and top executives named in a federal benefits lawsuit urged the Second Circuit to compel arbitration of workers' Employee Retirement Income Security Act claims, arguing a U.S. Supreme Court ruling from June backed their case to push the dispute out of court.

  8. June 28, 2022

    Benefits Cases To Watch In The 2nd Half Of 2022

    In the second half of the year, benefits attorneys will be keeping a close eye not only on legal battles hinging on familiar themes such as class certification and preemption, but also cases dealing with emerging issues such as cybersecurity and cryptocurrency.

  9. June 13, 2022

    DOL Pushes 2nd Circ. To Keep ERISA Suit Out Of Arbitration

    The U.S. Department of Labor urged the Second Circuit to uphold a ruling that a group of former financial consulting firm employees don't have to arbitrate claims that their retirement plan was mismanaged, arguing that arbitration clauses barring plan participants from pursuing classwide claims are invalid.