United States Eighth Circuit

Carpenters Pension Fund provision which required mandatory arbitration with presumptive fee-splitting unduly inhibited or hampered the processing of claims and violated ERISA. Remanded with directions to require the Fund to pay employee's share of the arbitration costs.

Appellate Information

• Decided 10/08/2002
• Published 10/08/2002

Judges

• HEANEY, Circuit Judge., Before MORRIS SHEPPARD ARNOLD, HEANEY and MURPHY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Alan I. Silver, argued, Minneapolis, MN (Kevin P. Hickey, on the brief), for appellant., A brief amicus curiae was filed by AARP in support of appellant. Mary Ellen Signorille, AARP Foundation Litigation, Washington, DC, filed the brief, on which Melvin Radowitz, AARP also appeared.


• For Appellees:
  
• Pamela Hodges Nissen, argued, Minneapolis, MN (David Anderson, on the brief), for appellee.