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Choice of Law Provisions in ERISA Plans Will Not Result in Uniformity
Thompson Coburn Link to more items from this source
Oct. 24, 2019

"It seems likely that in the next few years the United States Supreme Court will decide whether ERISA plans may include enforceable forum selection clauses. The vast majority of federal district courts and the only two federal appellate courts to address directly the issue have held that forum selection clauses in ERISA plans are enforceable. The [DOL], however, persists in its opposition to such clauses. Indeed, the DOL's arguments have persuaded a few, isolated district courts that they should not enforce forum selection clauses."  MORE >>

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