The U.S. District Court for the Western District of Arkansas issued its written decision in Shipp v. Central States Manufacturing, Inc. on July 5, 2024, declining to dismiss the case against Central States Manufacturing Inc....more
Courts have struggled through the years when considering the enforceability of mandatory class action waivers and arbitration provisions contained within Employee Retirement Income Security Act of 1974 (ERISA) plans and other...more
4/1/2021
/ Appeals ,
Arbitration ,
Breach of Duty ,
Class Action ,
Class Action Arbitration Waivers ,
Contract Terms ,
Employee Retirement Income Security Act (ERISA) ,
Employment Contract ,
ERISA Litigation ,
ESOP ,
Federal Arbitration Act ,
Fiduciary Duty ,
Motion to Compel ,
Split of Authority ,
Unenforceable Contract Terms
The U.S. District Court for the Northern District of Illinois has dismissed a putative class action lawsuit brought under the Employee Retirement Income Security Act of 1974 (ERISA) by a participant of 401(k) plan against the...more
In a pair of opinions issued on Aug. 20, 2019, the U.S. Court of Appeals for the Ninth Circuit expressly overruled its 35-year precedent that Employee Retirement Income Security Act (ERISA) disputes were not arbitrable. The...more
8/27/2019
/ 401k ,
Appeals ,
Arbitration ,
Charles Schwab ,
Class Action Arbitration Waivers ,
Duty of Loyalty ,
Duty of Prudence ,
Employee Retirement Income Security Act (ERISA) ,
Employer Liability Issues ,
Employment Litigation ,
Fiduciary Duty ,
NLRA ,
Plan Documents ,
Precedential Opinion ,
Prohibited Transactions ,
Putative Class Actions ,
Unenforceable Contract Terms
• The U.S. Court of Appeals for the Tenth Circuit affirms a District Court's holding that Great-West Life & Annuity Insurance Co. was not a fiduciary with respect to its stable value fund, even though it announced the fund's...more
• The U.S. District Court for the Southern District of Ohio has ruled that the arbitration provision of an employee stock ownership plan (ESOP) does not apply to the plaintiff's class representative because she had "cashed...more
8/14/2018
/ Arbitration ,
Arbitration Agreements ,
Breach of Duty ,
Class Action ,
Class Representatives ,
ESOP ,
Fiduciary Duty ,
Mandatory Arbitration Clauses ,
Motion to Compel ,
Standing ,
Trustees
• The U.S. Court of Appeals for the Ninth Circuit's recent decision in Munro v. University of Southern California concluded that an arbitration provision in individual employment contracts could not be used to compel...more
7/31/2018
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Breach of Duty ,
Class Action ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employment Contract ,
Employment Litigation ,
Fiduciary Duty ,
Mandatory Arbitration ,
Mismanagement ,
Plan Documents ,
Retirement Funds ,
Section 409A
The U.S. Court of Appeals for the Seventh Circuit's Aug. 25, 2016, decision in Allen v. GreatBanc Trust Co., No. 15-3569, made it the first court in a published opinion to expressly reject Fifth Third Bancorp v....more
9/20/2016
/ Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employee Stock Purchase Plans ,
ESOP ,
Fiduciary Duty ,
FIfth Third Bancorp v Dudenhoeffer ,
Motion to Dismiss ,
Reversal ,
Special Circumstances Doctrine ,
Stock Drop Litigation ,
Stocks ,
Trustees