Sodexo, Live Nation Suits Get Nuanced 9th Cir. Arbitration Take

A challenge to Sodexo SA’s employee health plan will stay in court but a dispute over Live Nation Entertainment’s 401(k) plan is poised for arbitration, after the Ninth Circuit took a nuanced approach to ERISA arbitration.

The appeals court on Monday issued its first significant words on arbitration in Employee Retirement Income Security Act cases in more than five years, addressing lawsuits against Sodexo and Live Nation Entertainment Inc.

In largely rejecting Sodexo’s arbitration bid, the Ninth Circuit embraced a legal doctrine several other circuits have used in declining to send employee benefit plan disputes into arbitration while putting ...