Bloomberg Law
Jan. 17, 2023, 6:30 PM

Envision’s Bid for ERISA Arbitration Appears Shaky in 10th Cir.

Jacklyn Wille
Jacklyn Wille
Legal Reporter

Envision Management Holding Inc.'s effort to force arbitration in a dispute over its employee stock ownership plan appeared to be in jeopardy on Tuesday, when a panel of Tenth Circuit judges had tough questions for the company’s lawyer.

Judge Mary Beck Briscoe honed in on a perceived mismatch between the type of relief authorized by the Envison plan’s arbitration provision and the remedies available under the Employee Retirement Income Security Act. She appeared skeptical of whether an arbitration provision that only allows a participant to get their “little tiny bit of money back” is sufficient under ERISA, which authorizes participants ...