ERISA Arbitration Likely Headed for High Court, Attys Say

ERISA Litigation attorney Todd Wozniak was quoted in a Law360 article about the U.S. Supreme Court having to decide whether or not employers are able to short-circuit Employee Retirement Security Act (ERISA) class actions by including requirements that workers individually arbitrate their claims into plan documents. The U.S. Court of Appeals for the Seventh Circuit highlighted his issue in September, when it ruled that arbitration agreements barring class claims were unenforceable because they limited rights to planwide relief under ERISA.

"I think the question that will ultimately get to the Supreme Court is the question of whether the class action waivers in arbitration clauses that are included in plan documents prevent plaintiffs from vindicating statutory rights under ERISA," Mr. Wozniak said.

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