A worker who disputes his retirement benefits cannot be barred from suing under ERISA for failing to pursue arbitration where only his union had the power to initiate arbitration and it failed to do so, a federal judge has ruled.
But in the same 24-page opinion in Murren v. American National Can Co. et al., Senior U.S. District Judge James McGirr Kelly dismissed all claims against two unions for breach of fiduciary duty, saying their roles in seeking arbitration cannot legally be equated with “administration” of the ERISA plans.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
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]
