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Duress: When a Waiver and Release of ERISA Claims May Be Invalid (PDF)
The Wagner Law Group in Benefits Law Journal 
Dec. 2, 2025 "Pursuant to ERISA Section 515, duress is among the defenses that cannot be used as a defense in an action by trust funds to collect delinquent contributions. A claim for economic duress may be preempted by ERISA. A violation of ERISA's claims procedures rule could constitute duress.... While duress can be alleged with respect to a designation of beneficiary or with respect to an agreement to arbitrate, or a forum selection clause, it arises most frequently in the employee benefits context in connection with the validity of releases." MORE >> |
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