March 12, 2025
Luxottica shuttered its appeal of a New York federal judge’s order that the company could not compel arbitration of a worker’s representative claims that it violated federal benefits law by using outdated mortality data to calculate pensions benefits.
The Second Circuit ended the challenge Monday after the eyewear company and Janet Duke notified the court they had agreed to end the appeal without prejudice as they conduct appellate mediation in the suit alleging violations of the Employee Retirement Income Security Act.
In a joint status report filed Tuesday with the lower court, the parties asked that the district court case remain on pause while they continue mediation through May, to determine whether they can reach a final deal or continue with the appeal.
. . .
Duke is represented by Kai H. Richter, Michelle C. Yau, Daniel J. Sutter and Ryan A. Wheeler of Cohen Milstein Sellers & Toll, by Todd Jackson and Nina Wasow of Feinberg Jackson Worthman & Wasow LLP, by Peter K. Stris, Rachana A. Pathak, Victor O’Connell, John Stokes and Dana Berkowitz of Stris & Maher LLP and by Shaun P. Martin of the University of San Diego Law School.