February 5, 2026
The Second Circuit on Thursday backed a lower court’s refusal to compel individual arbitration of a former Luxottica worker’s proposed class action alleging pension underpayments, finding she had standing to sue for plan reformation but couldn’t seek monetary payments on the plan’s behalf.
A three-judge panel in a published opinion reversed in part and affirmed in part a New York federal judge’s decision from 2024, saying the trial court was correct to hold that Employee Retirement Income Security Act claims ex-Luxottica worker Janet Duke had brought as a representative of other pension plan participants couldn’t be forced into individual arbitration.
The panel said that, under the appellate court’s 2024 decision in Cedeno v. Sasson, Duke wasn’t compelled to individually arbitrate claims against the eyewear company that were brought under Section 502(a)(2) of ERISA, which authorizes individual benefit plan participants to sue for breaches of fiduciary duty.
Kai Richter, an attorney for Duke and the proposed class, told Law360 they were “pleased with the court’s decision holding that Ms. Duke has standing to pursue her claim for reformation of the plan under Section 502(a)(2) and that the claim is not subject to individual arbitration. This was a clear victory, and we look forward to pursuing the litigation in the district court.”
Read 2nd Circ. Won’t Kick Luxottica Pension Fight To Arbitration.