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Sixth Circuit Declines Deference to DOL and Enforces Venue Selection Clause
Proskauer's ERISA Practice Center Link to more items from this source
Oct. 26, 2014
"Ultimately, the majority found that the DOL's 'amicus brief in this case can only be characterized as . . . an expression of mood.' The majority then (i) noted that most courts faced with this issue found that venue selection clauses in ERISA-governed plans were enforceable and (ii) explained that if Congress wanted to prohibit such clauses, it could have done so. Further, the majority stated that '[i]t is illogical to say that, under ERISA, a plan may preclude venue in federal court entirely [via an arbitration clause], but a plan may not channel venue to one particular federal court.'" [Smith v. Aegon Companies Pension Plan, No.13-5492 (6th Cir. Oct. 14, 2014)]

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