ERISA Arbitration, New Legal Theories To Be Tested In 2021

Law360 (January 3, 2021, 12:02 PM EST) -- In 2021, courts stand poised to consider whether employers can kick benefit plan mismanagement suits to arbitration and whether two novel theories in class actions over retirement plans hold water. 

And attorneys expect to see even more significant Employee Retirement Income Security Act disputes in 2021, with benefits litigation only growing as a field.

"We've seen a significant uptick in the amount of lawsuits filed in the ERISA space in 2020, and that's been continuing unabated," said Melissa Hill, an employee benefits partner at Morgan Lewis & Bockius LLP. "My prediction is that that's not going to die down once we...

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