Cintas 401(k) Arbitration Dispute Catches Justices’ Attention

Cintas Corp. got good news in its effort to send litigation over its 401(k) plan fees into arbitration, when the US Supreme Court asked the plaintiff plan participants to respond to the company’s petition for review.

The justices on Monday requested that plaintiffs Raymond Hawkins and Robin Lung file a response to Cintas’s petition, which asks the court to rule that agreements to arbitrate fiduciary breach claims under ERISA are enforceable regardless of whether the relevant benefit plan is a party to the agreement.

This move by the justices is seen as an indication that someone at the court ...