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Can a Plan Document's Arbitration Clause Subject Participants to Binding Arbitration of 502(a)(2) Claims? (PDF)
Jordan D. Mamorsky, via Journal of Compensation and Benefits 
Dec. 17, 2019 "The decision raises two very interesting questions. First, can a plan administrator's unilateral amendment of a plan document bind a participant's claims -- brought on behalf of the plan -- to binding arbitration, and second, is it legally possible to arbitrate claims of breach of fiduciary duty brought under ERISA Section 502(a)(2) by an individual on behalf of the plan?" [Dorman v. The Charles Schwab Corp., No. 18-15281 (9th Cir. Aug. 20, 2019; see also unpub. memo. opinion (Aug. 20, 2019); rehearing denied (Nov. 7, 2019)] |
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