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Ninth Circuit Permits Arbitration in Case Alleging ERISA Fiduciary Breach
Winston & Strawn LLP Sept. 10, 2019 "The decision of the Ninth Circuit is limited, focusing primarily on the court's reversal of its ban on arbitration in connection with ERISA fiduciary breach claims brought on behalf of a plan. The memorandum provides helpful insight into the panel's view that arbitration, including arbitration on an individual basis, should be permitted if the plan's sponsor or decision-maker so chooses. However, it does not delve into the nuances of all available arguments against arbitration in the ERISA context, such as the argument that arbitration on an individual basis is an elimination of the participants' explicit right to file a claim on behalf of the plan as a whole." [Dorman v. The Charles Schwab Corp., No. 18-15281 (9th Cir. Aug. 20, 2019; also unpub. memo. opinion)] |
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