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First Circuit Says ERISA Preemption of Claim Is Arbitrable Issue
Robinson + Cole LLP Apr. 7, 2017
"The Court held that the pending dispute did not raise a question of substantive arbitrability, because there clearly was an arbitration clause and it applied to the dispute.... The Court also rejected plaintiff's argument that an arbitrator might damage the purposes of ERISA by reaching the wrong conclusion, calling it 'exactly the kind of "outmoded" view of arbitration' rejected by the Supreme Court." [Prime Healthcare Services -- Landmark LLC v. United Nurses & Allied Professionals, Local 5067, No. 16-1161 (1st Cir. Feb. 3, 2017)]
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