7th Circ. Told Forced Arbitration At Odds With ERISA's Goals

By Emily Brill (January 27, 2021, 4:59 PM EST) -- A legal advocacy nonprofit has become the latest group to fight forced arbitration of ERISA class actions in a high-profile Seventh Circuit suit, urging the court to back an Illinois federal judge's decision that the arbitration clause in Triad Manufacturing Inc.'s retirement plan was invalid.

Public Justice, which considers opposing forced arbitration part of its mission, argued in an amicus brief filed Tuesday that attempts to prevent workers from suing collectively over benefit plan mismanagement fly in the face of the Employee Retirement Income Security Act's purpose.

"Individualized arbitration of ERISA fiduciary breach and prohibited transaction claims will undermine and threaten...

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