Labor/Employment,
9th U.S. Circuit Court of Appeals
Nov. 20, 2019
While Dorman is a victory for employers, it may also be the death of class litigation as they know it
The Dorman decision comes at a time when plan sponsors are unhappy about the spate of ERISA class actions that they believe are lawyer, not client, driven. Plan attorneys are no doubt busy advising their clients about adding arbitration clauses and class action waivers to their plan documents. But employers and plan sponsors should tread carefully when it comes to adding such provisions as doing so may bring a different sort of headache.
Michelle L. Roberts
Partner
Kantor & Kantor, LLP
Labor & Employment
1050 Marina Village Pkwy, Ste 105
Alameda , CA 94501
Email: mroberts@kantorlaw.net
UC Berkeley Boalt Hall
Kantor & Kantor is a California-based law firm that represents insureds in ERISA-governed disability, life, health, and pension claims.
On Nov. 7, the 9th U.S. Circuit Court of Appeals denied a request for rehearing of its unpublished decision in Dorman v. Charles Schwab Corp., where the court addressed the arbitrability of claims under the Employee Retirement Income Security Act. Dorman v. Charles Schwab Corp., 780 F. App'x 510 (9th Cir. 2019). Dorman involved a putative class action under ERISA filed by a former empl...
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