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Ninth Circuit Enforces ERISA Plan Arbitration and Class Action Waiver Provision
Seyfarth Shaw LLP Link to more items from this source
Oct. 16, 2019

"Although the Ninth Circuit had recently held, in [Munro] ... that Section 502(a)(2) claims belong to the plan, rather than the individual ... the critical difference in Dorman was that the plan had been amended to include an arbitration provision binding the plan.... The Ninth Circuit also held, citing [LaRue] ... that although a Section 502(a)(2) claim may belong to the plan, losses are inherently individualized in the context of a defined contribution plan such as the one at issue. " [Dorman v. The Charles Schwab Corp., No. 18-15281 (9th Cir. Aug. 20, 2019; also unpub. memo. opinion)]

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