July 24, 2018 / 11:53 PM / 21 days ago

ERISA breach claims cannot be forced into arbitration - 9th Circuit

A federal appeals court on Tuesday said participants in employee retirement plans cannot be forced to arbitrate certain claims that plans were mismanaged, teeing up another contentious arbitration-related issue that could end up at the U.S. Supreme Court.

A unanimous three-judge panel of the 9th U.S. Circuit Court of Appeals said that because claims of breach of fiduciary duty under the Employee Retirement Income Security Act of 1974 are brought on behalf of plans, and not individual workers, arbitration agreements signed by employees do not apply to them.

To read the full story on Westlaw Practitioner Insights, click here: bit.ly/2uIV74H

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