Harrison v. Envision Management Holding, Inc. Board, et al
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June 14, 2023
5 Important Benefits Rulings From The 1st Half Of 2023
A Texas federal court ruled against Affordable Care Act preventive care coverage mandates, the Seventh Circuit revived a retirement plan mismanagement case brought by Northwestern University workers and the Tenth Circuit refused to force arbitration of an employee stock ownership plan lawsuit. Here are five rulings from the first six months of 2023 that benefits lawyers should have on their radar.
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February 10, 2023
Questions Linger After 10th Circ. Keeps ESOP Suit Alive
The Tenth Circuit's recent refusal to force a class action alleging mismanagement of an employee stock ownership plan into individual arbitration was a victory for plaintiffs benefits attorneys, but left unanswered questions as to what employers and plan administrators could use to argue for arbitration in the future.
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February 09, 2023
10th Circ. Won't Force Arbitration In Radiology Co. ESOP Row
The Tenth Circuit on Thursday rejected a radiology company's bid to force into individual arbitration a federal benefits lawsuit from workers who alleged mismanagement of their employee stock ownership plan. The panel upheld an arbitration provision in ESOP plan documents as unenforceable because it blocked remedies under federal benefits law.
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January 17, 2023
10th Circ. Skeptical Of Forcing Arbitration In ESOP Row
The Tenth Circuit appeared skeptical Tuesday of a radiology company's argument that ex-workers alleging the company mismanaged their employee stock ownership plan should be booted to individual arbitration, citing language in the Employee Retirement Income Security Act allowing workers to seek plan-wide relief.
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January 13, 2023
10th Circ. To Mull Forced Arbitration Of ERISA Class Actions
The Tenth Circuit will hear arguments Tuesday in a case that will give the appeals court a chance to decide whether Employee Retirement Income Security Act suits brought on behalf of an entire retirement plan can be forced into individual arbitration.
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January 03, 2023
Riding Circuit: January's Notable Appellate Arguments
Circuit courts will kick off 2023 with oral arguments by parties questioning the authority given to the Centers for Disease Control and Prevention, pushing back against U.S. Patent and Trademark Office policy on patent reviews and claiming Chinese nationals were wrongly targeted for alleged economic espionage.
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September 08, 2022
DOL, Legal Org. Tell 10th Circ. ERISA Suit Can't Be Arbitrated
The U.S. Department of Labor and a legal advocacy organization urged the Tenth Circuit to uphold a lower court's ruling that an arbitration agreement doesn't stop workers from suing a radiology company in a proposed class action for allegedly overcharging them in a stock ownership sale.