10.14.24

Supreme Court Again Asked For Guidance on Whether ERISA Disputes Can Be Arbitrated

by: Robert Steyer

The U.S. Supreme Court has again been asked to create uniform guidance for the retirement industry over whether ERISA complaints should be addressed by arbitration or by trial. In the latest petition, Argent Trust Co. vs. Ramon Cedeno et al., filed Oct. 7, the trust company argued that two federal appeals courts “have concluded that there is nothing in ERISA that would preclude individual arbitration of ERISA claims.” However, four appeals courts “have reached the opposite conclusion in invalidating ERISA plan arbitration provisions” the petition said, adding that such a “circuit split” calls for the Supreme Court to provide guidance.

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