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Sixth Circuit Says Employee Consent to Arbitration Did Not Bind Plan in Putative Class Action
Robinson+Cole LLP 
May 10, 2022 "Read in conjunction, Hawkins and Dorman indicate that an effective practice for plans wishing to arbitrate all ERISA Section 502 claims may be to expressly consent to arbitration within plan documents. Absent such consent, defendants run the risk of inadvertently excluding from arbitration derivative and representative claims under Section 502(a)(2)." [Hawkins v. Cintas Corp., No. 21-3156 (6th Cir. Apr. 27, 2022); Dorman v. The Charles Schwab Corp., No. 18-15281 (9th Cir. Aug. 20, 2019; also unpub. memo. opinion)] |
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