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Venue Selection Clauses Live to Fight Another Day
Nixon Peabody LLP Link to more items from this source
Feb. 2, 2016

"Although it did not explicitly bless venue-selection clauses, the U.S. Supreme Court has denied review of a Sixth Circuit case, Smith v. Aegon Companies Pension Plan, which upheld a venue-selection clause in a retirement plan.... The Solicitor General did argue, however, that the Sixth Circuit's ruling is inconsistent with ERISA's broad objective of granting plan participants ready access to federal courts in order to enforce their rights under the statute, and that eliminating jurisdictional and procedural obstacles that would otherwise keep participants from enforcing their rights is one of the key principles underlying ERISA."

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