Law360: ADP Employees Must Arbitrate ERISA Case, 3rd Circ. Rules
July 17, 2023
The Third Circuit denied Beth Berkelhammer and Naomi Ruiz’s bid to keep their Employee Retirement Income Security Act suit against NFP Retirement Inc. The suit alleged excessive fees and “imprudent” investments. “The plan’s agreement to arbitrate is what matters, and that agreement applies to appellants’ claims on the plan’s behalf,” US Circuit Judge Paul Matey wrote for the panel. NFP is represented by Jenya O. Godina, Kevin Kraft, Meaghan M. VerGrow, and Catalina Vergara of O’Melveny & Myers LLP.
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