Participant Not Subject to Investment Manager's Arbitration Clause

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2/3/2006: Participant Not Subject to Investment Manager's Arbitration Clause (BeneBlog)

Excerpt: A participant is not compelled to arbitrate an ERISA fiduciary breach claim under an arbitration agreement between the plan and its investment manager, according to a 9th Circuit Court of Appeals decision affirming a district court ruling. [Comer v. Micor and Salomon Smith Barney, CA9, No. 03-16560, 2/1/06]

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