9th Circuit Institutes Test For ERISA Releases, Reverses As To Named Plaintiffs

( June 9, 2025, 8:50 AM EDT) -- SAN FRANCISCO — Saying it is taking the same approach as two sister circuits, the Ninth Circuit U.S. Court of Appeals quoted Vizcaino v. Microsoft Corp. in holding “that releases and waivers under” the Employee Retirement Income Security Act “must ‘withstand special scrutiny designed to prevent potential employer or fiduciary abuse’”; it accordingly reversed and remanded summary judgment against the two named plaintiffs in a long-running class action concerning severance benefits....