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The Ninth Circuit affirmed the district court and held that the participants’ claims were not subject to the arbitration clause because they were bringing a claim on behalf of an ERISA plan. (Photo: Shutterstock)

The U.S. Court of Appeals for the Ninth Circuit recently upheld a lower court ruling that a group of ERISA plan participants’ claims under ERISA Section 502(a)(2) for breach of fiduciary duty were not required to be arbitrated despite the fact that they had entered into employment agreements requiring them to arbitrate all of their claims.

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