Workers Ask 7th Circ. To Keep ERISA Suit In Court

By Emily Brill (January 20, 2021, 5:02 PM EST) -- A proposed class of current and former Triad Manufacturing Inc. employees urged the Seventh Circuit to keep their ERISA suit in the courthouse, saying an Illinois federal judge correctly ruled that companies can't compel individual arbitration of class actions alleging benefit plan mismanagement.

In a brief lodged Tuesday at the Seventh Circuit, the proposed class said the mandatory arbitration clause in Triad's employee stock ownership plan was null and void because it attempted to restrict workers' Employee Retirement Income Security Act-protected right to sue collectively.

"The Supreme Court has explained — and defendants do not dispute — that arbitration agreements are...

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