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Ninth Circuit Changes Its Position on the Enforceability of Arbitration of Breach of Fiduciary Duty Claims
The Wagner Law Group Aug. 23, 2019 "The Court concluded that plaintiff 'agreed to be bound' to the arbitration clause because the plaintiff participated in the plan while the arbitration clause was in effect. The Court also reasoned the class action claims of plan-wide breach of fiduciary duty applied to the scope of the arbitration provision because the claims were asserted under ERISA and alleged that plan fiduciaries breached their duties to the plan on the whole." [Dorman v. The Charles Schwab Corp., No. 18-15281 (9th Cir. Aug. 20, 2019; also unpub. memo. opinion)] |
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