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Courts Continue to Scrutinize Arbitration Clauses in ERISA Plans
Seyfarth 
Feb. 2, 2023 "A recent district court decision highlights the continued uncertainties about what it means to include an arbitration clause in an ERISA plan. While courts generally agree that such clauses are, in theory, enforceable, the extent to which courts will enforce a specific clause remains uncertain given divergent outcomes of decisions regarding motions to compel arbitration." [Burnett v. Prudent Fiduciary Services LLC, No. 22-270 (D. Del. Jan 25, 2023)] |
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