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Bill Passed by House Would Increase ERISA Litigation by Changing Administrator Discretion and Arbitration Provisions
Murphy Austin 
Nov. 2, 2022 "[The Employee and Retiree Access to Justice Act (ERAJA)] amends ERISA in two important ways that will lead to much more ERISA retirement plan litigation.... [1] ERAJA would invalidate and render unenforceable any arbitration provisions, class action waivers, and representation waivers for the purposes of claims brought under ERISA Section 502 as well as common law claims. ... [2] ERAJA would also legislatively remove the ability of plans to give the plan administrator discretion in deciding claims and having the administrator's decision be given deference by a reviewing court[.]" |
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