10th Circuit Upholds ‘Effective Vindication Exception’ to Invalidate Arbitration Provisions in ESOP | Law.com

The U.S. Court of Appeals for the Tenth Circuit agreed with a district court’s conclusion that, by enforcing an arbitration provision contained in a defined contribution retirement plan, the plaintiff plan participant would be prevented from “effectively vindicating” the statutory remedies sought in his complaint.

The defendant, Envision Management Holding, is a Colorado Springs-base corporation founded by Darrel Creps II, Paul Sherwood, and Jeff Jones that owns Envision Management, a provider of diagnostic imaging services in several states. The plaintiff, Robert Harrison, is a Colorado resident who worked for Envision for four years until August 2020, according to the opinion.

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