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Ninth Circuit Decisions Overrule 35-Year Precedent in ERISA Arbitration Disputes
Holland & Knight Aug. 28, 2019 "[T]he Ninth Circuit's three-judge panel overruled its decision in Amaro v. Continental Can Co., which had held that ERISA claims could not be subject to arbitration. In an unpublished, nonprecedential opinion, the same panel of the Ninth Circuit concluded that an arbitration provision contained in a 401(k) plan document required arbitration of an individual's claim." [Dorman v. The Charles Schwab Corp., No. 18-15281 (9th Cir. Aug. 20, 2019; also unpub. memo. opinion)] |
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