5th Circuit Uses Effective Vindication Doctrine In ERISA Cash Investment Case

( February 13, 2026, 10:35 AM EST) -- NEW ORLEANS — Becoming the eighth circuit to apply the effective vindication doctrine to Employee Retirement Income Security Act claims, the Fifth Circuit U.S. Court of Appeals ordered remand in the putative class suit over allegations that a bank holding company and related entities violated their fiduciary duties by, among other things, putting large portions of their retirement plan’s funds into proprietary cash investments; under the ruling, the lower court could compel arbitration of representative claims if it decides that the arbitration provisions that violate the doctrine are severable....