Scott Burnett Smith Quoted in Law360 on ERISA Arguments to Watch in September

Bradley attorney Scott Burnett Smith was quoted in Law360 on ERISA [Employee Retirement Income Security Act] arguments to watch for in September.

One of the notable cases Smith said he’s watching for developments is Pamela Avecilla et al. v. Live Nation Entertainment Inc. et al., in the U.S. Court of Appeals for the Ninth Circuit. A Ninth Circuit panel will be asked to rule on whether ERISA class actions can be compelled to individual arbitration in an appeal from Live Nation employees that asks the appellate court to rule opposite an appellate panel's holding in 2019.

“It’s important for the Ninth Circuit to make it clear which side of the split they’re on, but I think this issue is ultimately going to have to be resolved by the Supreme Court,” Smith said.

Another case to watch in September is Vellali v. Yale University in the U.S. Court of Appeals for the Second Circuit. The Second Circuit will consider Yale University employees’ bid for a new trial in a suit alleging mismanagement of a defined-contribution 403(b) retirement plan, taking up the hotly debated question of which party must prove loss causation to prevail on ERISA claims of retirement plan mismanagement.

“It’s exceedingly difficult to overturn a jury verdict,” said Smith. He added that he’s watching to see how the court responds to Yale’s argument in briefing that if the circuit court allows a redo, the plan participants aren't entitled to a jury trial on their claims.

The full article, “4 ERISA Arguments To Watch In September,” was published by Law360 on September 6, 2024.