“Courts Split on Class Action Waivers, Arbitration Provisions in ERISA Litigation”

This Lexology article by Todd D. Wozniak, Lindsey R. Camp, Chelsea Ashbrook McCarthy and Megan C. Eckel of Holland & Knight discusses recent decisions addressing the enforceability of arbitration provisions in ERISA plans, concluding that “[w]ithout clear direction from the Supreme Court or legislative action, district courts and circuit courts of appeal will continue to create uncertainty around the enforceability of class action waivers and/or arbitration provisions in plan and other employment-related documents in ERISA-based litigation.”