By Kimberly Shen and Sam M. Schwartz-Fenwick
Seyfarth Synopsis: The Second Circuit recently ruled that an ERISA plan’s arbitration provision was not enforceable because the provision barred plan-wide relief. Cedeno v. Sasson, 2024 WL 1895053 (2d Cir. May 1, 2024). The Court decision highlights the unsettled nature of the law surrounding ERISA arbitration provisions.
It is every
Continue Reading Second Circuit Holds that Plan Arbitration Provisions that Force Plaintiff to Surrender Statutory Right To Plan-Wide Relief Are Unenforceable
Seyfarth Synopsis: Even before the pandemic made in-person work in many industries a thing of the past many employers had stopped requiring that their employees execute employee agreements like non-competition and arbitration agreements with a “wet signature”. Instead, those kind of agreements frequently are acknowledged by the employee electronically. Although the