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Fifth Circuit Addresses Arbitration and Remedies in ERISA Dispute
Miller & Chevalier 
Jan. 12, 2026 "This decision is noteworthy insofar as it emphasizes the importance of drafting arbitration clauses to align with the parties' intent and because the Fifth Circuit did not adopt the approach of the Fourth Circuit in rejecting the make-whole remedy of surcharge in ERISA fiduciary breach cases." [Aramark Services, Inc. Group Health Plan, v. Aetna Life Ins. Co., No. 24-40323 (5th Cir. Dec. 18, 2025)] MORE >> |
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