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Arbitration in ERISA Litigation: Supreme Court Declines Review as Circuit Split Persists
Polsinelli PC Link to more items from this source
Sept. 15, 2025

"The Supreme Court has twice declined to review ERISA arbitration cases, offering no signal that it plans to resolve the growing appellate divide.... [T]he appellate circuits remain divided on broad applicability of the doctrine. Notably, the Supreme Court has not yet been asked to weigh in on a decision upholding individual arbitration provisions ... [T]hat opportunity may arise if the Ninth or Eleventh Circuits affirm a recent Central District of California ruling that found individual arbitration requirements enforceable under ERISA Section 502(a)(2)." [Yagy v. Tetra Tech, Inc., No. 24-1394 (C.D. Calif. May 17, 2024)]  MORE >>

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