Scott Burnett Smith Quoted in Law360 on ERISA Arbitration Dispute Before the Sixth Circuit
May, 2024 - Birmingham, Alabama
Bradley partner Scott Burnett Smith was quoted in Law360 on an Employee Retirement Income Security Act (ERISA) class action dispute up for consideration by the Sixth Circuit.
Six days after the Second Circuit affirmed an arbitration denial in a similar case in a split decision, a three-judge panel is set to hear arguments involving automotive companies accused of mismanaging their employee 401(k) plans. The companies are asking the Sixth Circuit to force arbitration of an ERISA class action from workers alleging excessive recordkeeping fees and high-cost investment offerings, arguing that provisions mandating out-of-court dispute resolution don't conflict with ERISA.
Smith, founder and chair of Bradley’s Appellate Practice Group, said he's watching to see whether the Sixth Circuit joins other appellate courts or "whether it follows the dissent in Cedeno, and goes the other direction," referring to the Second Circuit case.
The full article, “5 Benefits Appellate Arguments To Watch In May,” was published by Law360 on May 1, 2024. (login required)
