By: Mark Casciari and Michael Cederoth

Seyfarth Synopsis: If an ERISA plaintiff establishes a fiduciary breach, expect the computation of damages to be a complicated process that may enhance damages through judgment.  And a court judgment in complicated cases can take years to issue.  This is the lesson from a recent decision of the Court

By: Tom Horan, Ian Morrison, and Sam Schwartz-Fenwick

Seyfarth Synopsis: Recognizing that the Plan contained an unambiguous arbitration  provision, and that “ERISA claims are generally arbitrable,” the Seventh Circuit Court of Appeals nonetheless found that arbitration could not be compelled where the provision prospectively barred the plaintiff from pursuing certain statutory remedies.

In Smith v.