Robert Platt v. Sodexo, SA and Sodexo, Inc.

Santa Ana, California employment law lawyer represented the kPlaintiff under ERISA § 502(a)(1)(B)

and § 502(a)(3), and a breach of fiduciary duty claim on behalf of the employer-sponsored health insurance plan

("the Plan”) for losses under ERISA § 502(a)(2).



Robert Platt sued his employer, Sodexo, Inc. and Sodexo, S.A. (collectively, "Sodexo”), claiming that a monthly tobacco surcharge on his employee health insurance premiums violated the Employee Retirement Income Security Act ("ERISA”), 29 U.S.C. § 1001 et seq. He brings claims on behalf of himself and other plan participants to recover losses under ERISA § 502(a)(1)(B) and § 502(a)(3), and a breach of fiduciary duty claim on behalf of the employer-sponsored health insurance plan ("the Plan”) for losses under ERISA § 502(a)(2). 29 U.S.C. § 1132. Sodexo seeks to compel arbitration pursuant to an arbitration provision that it unilaterally inserted into the Plan after Platt joined the Plan. The district court denied Sodexo's motion to compel arbitration and held that there was no enforceable arbitration agreement because Sodexo impermissibly unilaterally modified the Plan to add the arbitration provision, and Platt never agreed to arbitrate his claims. Sodexo timely appealed.

Affirmed in part and reversed in part and remanded.