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Ninth Circuit Reverses Itself and Finds That at Least Some ERISA Claims Can Be Compelled to Arbitration
BakerHostetler via Lexology; free registration required Link to more items from this source
Aug. 26, 2019

"It's not clear whether the panel decision in Dorman will stand, although it is almost certainly correct in light of recent precedent.... Barring another change in the law, together these cases seem to stand for the proposition that many types of ERISA cases may be subject to arbitration if the plan documents are drafted properly, but much larger questions remain. Chief among those questions is whether the employer or plan would really want claims of this type (or any particular type) resolved by an arbitrator." [Dorman v. The Charles Schwab Corp., No. 18-15281 (9th Cir. Aug. 20, 2019; also unpub. memo. opinion)]

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