Firm Lawyers Named to Litigators of the Week List for Second Circuit Victory

The Litigation Daily recognized Peter Stris, Radha Pathak, John Stokes, and Tillman Breckenridge (alongside co-counsel Gregory Porter and Ryan T. Jenny of Bailey & Glasser, LLP) for their Second Circuit victory in Cedeno v. Sasson, naming them runners up for Litigator of the Week.

This appeal addressed one of the most important issues in American pension litigation today: Whether ERISA plans can force participants to pursue representative claims on behalf of a plan in individual arbitrations, thereby gutting participants’ ability to enforce the core private right of action ERISA affords. It is the fourth appeal our firm has successfully handled on this topic following the Ninth Circuit’s unfavorable (to the plaintiffs’ bar) ruling in Dorman v. Charles Schwab Corporation. Over a vigorous dissent, the Second Circuit held in Cedeno that an arbitration provision barring a plan participant from seeking plan-wide remedies is inconsistent with ERISA.