"The relevant questions if a rehearing is granted might be whether the plan itself, through a provision in the plan document, can agree to arbitration -- and if it can, whether an arbitration provision in the plan document can serve to waive the rights to the remedies prescribed under ERISA Sections 409 and 502(a).... [W]hether LaRue, an individual account case, controls or is even relevant in a case involving plan-wide allegations, could be fertile ground to accept a rehearing also to the issue of whether a plan document is subject to the FAA and can waive ERISA statutory remedies."
[Dorman v. The Charles Schwab Corp., No. 18-15281 (9th Cir. Aug. 20, 2019; also unpub. memo. opinion)]  MORE >>