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Expert Analysis

How Courts Are Ruling On The Arbitrability Of ERISA Claims

By Heather Richardson, Jennafer Tryck and Tessa Gellerson (February 24, 2022, 10:29 AM EST) -- The U.S. Court of Appeals for the Ninth Circuit's 2019 decision in Dorman v. Charles Schwab Corp. held that fiduciary breach claims brought on behalf of a plan under the Employee Retirement Income Security Act, Section 502(a)(2) could be arbitrated, overturning decades of case law holding that ERISA claims were not arbitrable.[1]...

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