The Seventh Circuit Court of Appeals recently concluded that an arbitration clause that prohibited claimants from seeking or receiving any remedy that provided additional retirement benefits or other relief was unenforceable because it prospectively waived ERISA remedies.
James Smith worked for Triad Manufacturing Inc. Triad offered Smith and other employees a defined contribution employee retirement plan. In 2018, after Smith had left Triad, Triad added an arbitration provision with a class action waiver to the plan, which stated…
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This article was originally published in the ARIAS·U.S. Quarterly, Q3, 2021 and is republished here with permission. A. Overview The Supreme Court has extended the validity and expanded the scope...
By Edward LenciThis article was first published on the Arbitration Matters blog, here. In B Smart Technology inc. v. American Arbitration Association, 2022 QCCS 1526, Justice Mark Phillips granted the Defendants’ Application for...
By Marie-Claude MartelSection 1782 of Title 28 of the United States Code (§1782) was enacted in 1964 to govern the authority of a federal district court in providing discovery assistance to proceedings...
By Brittany Munn
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