Analysis

9th Circ. Likely Won't Have Last Word On ERISA Arbitration

Law360 (July 25, 2018, 9:01 PM EDT) -- The Ninth Circuit's ruling Tuesday that arbitration agreements signed by individual University of Southern California workers did not bar them from suing the school on behalf of its employee retirement plan broke ground and could eventually lead to a circuit split over whether Employee Retirement Income Security Act fiduciary-breach claims can be forced into arbitration.

Attorneys said they could see the U.S. Supreme Court eventually taking up the issue of whether ERISA 502(a)(2) claims can be forced into arbitration, but that would likely come years down the line, after a circuit split. Though no other circuits have yet tackled the question,...

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