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Text of District Court Decision Granting Preliminary Injunction Against Anti-Arbitration Clause of BICE, and Staying Further Proceedings (PDF)
U.S. District Court for the District of Minnesota
Nov. 7, 2017
"Although the Court recognizes the presumption of good faith given to governmental actors when voluntary cessation is involved, the anti-arbitration condition remains in place, the potential actions of two different agencies are implicated, the rulemaking process can be lengthy, and Thrivent requires certainty for purposes of advance planning and legal compliance.... In order to comply with the anti-arbitration condition's applicability date, Thrivent must take actions now that involve changes to its business model. In addition to the expenditure of time and money that these changes necessitate, undertaking such changes may irreparably disadvantage Thrivent against its competitors and with respect to its members.... Following the issuance of the preliminary injunction, the Court hereby stays these proceedings, pending further order of the Court. The parties shall jointly file a status report every 60 days addressing whether a continued stay of proceedings is necessary." [Thrivent Financial for Lutherans v. Acosta, No. 16-3289 (D. Minn. Nov. 3, 2017)]
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