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The Beginning of the End for 401(k) Class Actions? Ninth Circuit Enforces Individual Arbitration
Ogletree Deakins Aug. 30, 2019 "This Ninth Circuit decision will likely be the subject of a petition for rehearing and possibly a petition for certiorari at the Supreme Court.... [It] is the second Ninth Circuit arbitration decision impacting ERISA plans in the past 13 months. This may lead employers to consider adding arbitration provisions with class waivers to their employee benefit plans.... The potential downside to such provisions is that requiring individual arbitration could result in multiple arbitrations regarding the same issues." [Dorman v. The Charles Schwab Corp., No. 18-15281 (9th Cir. Aug. 20, 2019; also unpub. memo. opinion)] |
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