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Are ERISA Breach of Fiduciary Duty Claims Arbitrable?
LittlerLink to more items from this source
June 2, 2021

"One court recently recognized that 'whether any benefits plan may agree to submit to arbitration and/or whether an individual employment agreement may compel claims on behalf of a benefits plan to proceed to arbitration are not issues of clearly settled law.' This issue is before two circuit courts of appeal this year. So far, the court rulings in the cases seem to provide some guidance while also creating further uncertainty."

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