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Split 7th Circ. OKs Forum Choice Clauses In ERISA Plans

Law360, New York (August 11, 2017, 5:40 PM EDT) -- A forum choice provision included in an Employee Retirement Income Security Act plan overrides the law’s direction that suits “may be brought” in certain courts tied to the plan or the affected beneficiary, a split Seventh Circuit panel said Thursday, denying a request that a benefits suit be sent back to Pennsylvania federal court.

The majority aligned with a divided Sixth Circuit panel on the question, noting Congress suggested but did not mandate that benefits suits be brought “where the plan is administered, where the breach...
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