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Ninth Circuit Joins Sister Circuits in Applying Effective Vindication Doctrine to Invalidate Health Plan's Arbitration Provision
Kantor & Kantor 
Aug. 14, 2025 "[Platt] filed suit against Sodexo, alleging that its imposition of a monthly tobacco surcharge on his employee health insurance premiums violated ERISA.... Sodexo moved to compel arbitration based on a provision that it had unilaterally added to the plan in 2021.... [T]he plan's arbitration provision contained a representative action waiver ... Because this provision precluded Platt from obtaining plan-wide relief explicitly authorized by ERISA, it prevented him from 'effectively vindicating' his rights under ERISA, and thus it was unenforceable." [Platt v. Sodexo, S.A., No. 23-55737 (9th Cir. Aug. 4, 2025)] MORE >> |
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