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.

In reaching this holding, the court emphasized that the participants had raised claims not on their own behalf, but on behalf of an ERISA plan, which was not a party to the employment agreement with the arbitration clause. Munro v. Univ. of Southern Cal., No. 2:16-cv-06191, 2018 WL 3542996 (9th Cir. July 24, 2018).

Complete your profile to continue reading and get FREE access to BenefitsPRO.com, part of your ALM digital membership.

Your access to unlimited BenefitsPRO.com content isn’t changing.
Once you are an ALM digital member, you’ll receive:

  • Critical BenefitsPRO.com information including cutting edge post-reform success strategies, access to educational webcasts and videos, resources from industry leaders, and informative Newsletters.
  • Exclusive discounts on ALM, BenefitsPRO magazine and BenefitsPRO.com events.
  • Access to other award-winning ALM websites including ThinkAdvisor.com and Law.com

Already have an account?


NOT FOR REPRINT

© 2023 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.

BenefitsPRO

Join BenefitsPRO

Don’t miss crucial news and insights you need to navigate the shifting employee benefits industry. Join BenefitsPRO.com now!

  • Unlimited access to BenefitsPRO.com - your roadmap to thriving in a disrupted environment
  • Access to other award-winning ALM websites including ThinkAdvisor.com and Law.com
  • Exclusive discounts on BenefitsPRO.com and ALM events.

Already have an account? Sign In Now
Join BenefitsPRO

Copyright © 2023 ALM Global, LLC. All Rights Reserved.