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ERISA Class Action Waivers and Mandatory Arbitration -- Will the Supreme Court Start a Trend?
Seyfarth Shaw LLP Jan. 25, 2017
"[W]hile defendants have solid arguments against class certification following recent Supreme Court decisions cutting back on certification, it may be appealing for plans to avoid class certification litigation altogether, and the associated high costs in attorney's fees, by mandating individual arbitration of ERISA claims. If the Supreme Court endorses arbitration in Murphy Oil, as it has in the recent past ... ERISA plan sponsors might reconsider mandating individual arbitration of ERISA claims."
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