9th Circuit Rules Erisa Claim Not Subject to Arbitration

Summary


(This article was originally published in Lawyers Weekly USA, another Dolan Media publication.)

An ERISA plan participant who sued for breach of fiduciary duty in the provision of investment advice could not be compelled to arbitrate pursuant to an agreement between the plan and its investment advisor, the 9th Circuit has ruled.

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Extract


9th Circuit Rules Erisa Claim Not Subject to Arbitration

The plaintiff was a participant in two ERISA-governed benefit plans offered by his employer. The plan trustees retained Smi...

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