Duke v. Luxottica U.S. Holdings Corp.

Circuit 2Feb 5, 2026

Split Score

SplitScore: 56/100

Case Summary

Disposition

Affirmed in Part

The Second Circuit held that plaintiff-appellee Janet Duke has Article III standing to pursue ERISA § 502(a)(2) plan-reformation relief on behalf of her pension plan, but lacks standing to seek monetary payments to the plan. It further ruled that the effective-vindication doctrine bars enforcement of an arbitration clause requiring Duke to bring her § 502(a)(2) claim in individual arbitration, affirmed the district court’s denial of a stay, and therefore affirmed in part and reversed in part the lower court’s order.

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Circuit Split Identified

Legal Issue

Whether, in an interlocutory appeal under Federal Arbitration Act § 16(a)(1), the court of appeals may review the district court’s determination of Article III standing (subject-matter jurisdiction).

Circuit Positions

Circuit 2(this circuit)Circuit 5Circuit 7Circuit 8Circuit 9

Appellate courts may review Article III standing/subject-matter jurisdiction in a § 16(a)(1) interlocutory appeal.

Circuit 3

Appellate courts may not reach Article III standing in such appeals; review is limited to arbitrability.

Conflict Summary

Several circuits hold that an appellate court may examine a plaintiff’s Article III standing when reviewing a district court’s denial of a motion to compel arbitration or to stay litigation under FAA § 16(a)(1); the Third Circuit has held the opposite, limiting review to the arbitrability ruling itself.

Parties & Counsel

Parties

Appellant:Luxottica U.S. Holdings Corp.; Oakley Inc.; Luxottica Group ERISA Plans Compliance and Investment Committee; Luxottica Group Pension Plan
Appellee:Janet Duke

Legal Counsel

Appellant:Morgan, Lewis & Bockius LLP
Appellee:Stris & Maher LLP; Cohen Milstein Sellers & Toll PLLC