In a case of first impression, the U.S. Court of Appeals for the Sixth Circuit has ruled that an ERISA class action against business-supply company Cintas cannot be kicked to arbitration because the claims were brought on behalf of the company’s retirement plan, which is not bound by individual arbitration agreements signed by the plaintiffs.
Former Cintas employees Raymond Hawkins and Robin Lung filed their putative class action under Section 502(a)(2) of the Employee Retirement Income Security Act of 1974, alleging Cintas breached the fiduciary duties it owed to the company’s retirement plan. Cintas sought to compel the plaintiffs to arbitration.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]