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Text of Sixth Circuit Opinion: Forum Selection Clauses in ERISA Plans are Enforceable in Breach of Fiduciary Duty Actions as Well as Claims for Benefits (PDF)
U.S. Court of Appeals for the Sixth Circuit
Oct. 15, 2014 "Appellant Roger Smith appeals the district court's dismissal of his claims without prejudice because of improper venue. The district court held that the venue selection clause in the [ERISA-governed] AEGON Pension Plan requiring that suit be brought in federal court in Cedar Rapids, Iowa, was enforceable and applied to Smith's claims.... We AFFIRM.... [N]one of the statutory provisions Smith cites provides a reason not to apply the venue selection provision to both his fiduciary and benefits claims. The venue selection provision applies to all actions brought by a participant or beneficiary, not just claims for benefits." [Smith v. Aegon Companies Pension Plan, No.13-5492 (6th Cir. Oct. 14, 2014)] MORE >> |
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