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What Constitutes 'Reasonable Efforts' to Inform Plan Participants of a Plan Amendment That Includes a Forum Selection Clause?
Lane Powell PC 
Apr. 28, 2016 "AXA used 'reasonable efforts' to notify Malagoli of the amendment that included a forum selection clause because: (a) they presented the Court with an Excel spreadsheet listing all Participants used to mail notices, and Malagoli's address was on this list; (b) Malagoli concedes his address in this list was accurate; (c) AXA merged the list of 29,125 Participants with the letter announcing the amendment, and assembled them in printed envelopes; (d) a bulk mailing certificate confirms that 29,125 letters were mailed first class on December 27, 2011." [Malagoli v. AXA Equitable Life Insurance Company, No. 14-CV-7180 (S.D.N.Y. Mar. 24, 2016] MORE >> |
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