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Employee Retirement Income Security Act (ERISA) › Binding Arbitration

Perkins Coie

The Ninth Circuit Abandons 35 Years of Precedent by Enforcing Arbitration Clause in ERISA Benefit Plan

Perkins Coie on

Thirty-five years after deciding that arbitration clauses in employee benefit plans governed by the Employee Retirement Income Security Act of 1974 (ERISA) were unenforceable, the U.S. Court of Appeals for the Ninth Circuit...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The future in litigation might be an arbitration provision

Ary Rosenbaum - The Rosenbaum Law Firm P.C. on

The fascinating part of ERISA litigations is the changing law and viewpoints. To combat the rising tide of litigation, some companies have included arbitration provisions in their Plan document. That means participants can’t...more

McDermott Will & Emery

Ninth Circuit Answers Some Questions About Arbitration of ERISA Claims

McDermott Will & Emery on

In two opinions—one published and one unpublished—the Ninth Circuit overturned prior precedent and held that a Plan amendment requiring arbitration meant that an individual had to arbitrate, on an individual basis, purported...more

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