© 2024 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.
An error occurred while fetching the data.
Error details: Error: The field at path '/readnext/contents[5]/uri' was declared as a non null type, but the code involved in retrieving data has wrongly returned a null value. The graphql specification requires that the parent field be set to null, or if that is non nullable that it bubble up null to its parent and so on. The non-nullable type is 'String' within parent type 'Content': {"response":{"errors":[{"message":"The field at path '/readnext/contents[5]/uri' was declared as a non null type, but the code involved in retrieving data has wrongly returned a null value. The graphql specification requires that the parent field be set to null, or if that is non nullable that it bubble up null to its parent and so on. The non-nullable type is 'String' within parent type 'Content'","path":["readnext","contents",5,"uri"],"extensions":{"classification":"NullValueInNonNullableField"}}],"data":{"articleData":{"uri":"/2019/08/21/9th-circuit-reverses-on-arbitration-agreements-in-erisa-plans/","canonicalUrl":"https://www.benefitspro.com/2019/08/21/9th-circuit-reverses-on-arbitration-agreements-in-erisa-plans/","generatedId":"hef45ljgid","naturalId":"blogAndPostId/blog/post/412-86350","type":"ARTICLE","postFormat":null,"kickerPresentedBy":null,"breadcrumb":[],"presentedBy":"","title":"9th Circuit reverses on arbitration agreements in ERISA plans","readtime":"4","timeToRead":"4 minute","prettyModified":"","prettyDateTime":"August 21, 2019 at 05:40 PM","needToKnow":[],"byline":"Nick Thornton","showDisclaimer":true,"authors":[{"name":"Nick Thornton","description":"Nick Thornton is a financial writer covering retirement and health care issues for BenefitsPRO and ALM Media. He greatly enjoys learning from the vast minds in the legal, academic, advisory and money management communities when covering the retirement space. He's also written on international marketing trends, financial institution risk management, defense and energy issues, the restaurant industry in New York City, surfing, cigars, rum, travel, and fishing. When not writing, he's pushing into some land or water.","imageLarge":"https://images.benefitspro.com/contrib/content/uploads/sites/412/2019/08/Nick-Thornton_avatar_1565219019-136x136.jpg","webUrl":"/author/profile/nick-thornton/"}],"publication":"BenefitsPro","kicker":"News","kickerNode":[{"name":"News","slug":"news-kicker","uri":"/news/","sectionName":"News"}],"prettyDate":"August 21, 2019","pubDate":"2019-08-21 17:40:59:000","modifiedDate":"","isDownload":"false","primaryCategory":{"channelName":"","sectionName":"","name":"","uri":"","slug":"","channelUri":""},"tags":[],"image":{"uri":"https://images.benefitspro.com/contrib/content/uploads/sites/412/2019/08/Ninth-Circuit-Courthouse-3113.jpg","width":"617","height":"436","alt":""},"embed1":"","embed2":"","summary":"1984 precedent in Amaro case \"is no longer good law\"","categories":[{"name":"C-Suite","uri":"/benefits-manager/c-suite/","channelName":"Benefits Manager"},{"name":"Compliance","uri":"/benefits-manager/compliance/","channelName":"Benefits Manager"},{"name":"Retirement","uri":"/benefits-manager/retirement/","channelName":"Benefits Manager"},{"name":"Defined Contribution","uri":"/retirement-advisor/defined-contribution/","channelName":"Retirement Advisor"},{"name":"Legal","uri":"/retirement-advisor/legal-retirement-advisor/","channelName":"Retirement Advisor"},{"name":"Retirement Regulation","uri":"/retirement-advisor/retirement-regulation/","channelName":"Retirement Advisor"},{"name":"Retirement Trends","uri":"/retirement-advisor/retirement-trends/","channelName":"Retirement Advisor"}],"bodyArray":["<p><figure id=\"attachment_86353\" align=\"alignnone\" width=\"617\" xmlns:i=\"incisive-repository\" xmlns=\"http://www.w3.org/1999/xhtml\"><a href=\"https://images.benefitspro.com/contrib/content/uploads/sites/412/2019/08/Ninth-Circuit-Courthouse-3113.jpg\"> <img class=\"size-full wp-image-86353\" src=\"https://images.benefitspro.com/cdn-cgi/image/format=auto,fit=contain/https://images.benefitspro.com/contrib/content/uploads/sites/412/2019/08/Ninth-Circuit-Courthouse-3113.jpg\" alt=\"courthouse of 9th Circuit in San Francisco\" width=\"617\" height=\"436\"/></a> In reversing the lower court's decision, the Ninth Circuit reversed its position on the enforceability of arbitration agreements in ERISA claims, which was based on a 1984 circuit ruling in Amaro v. Continental Can Co.</figure> <p>The Ninth Circuit Court of Appeals has reversed a lower court ruling that denied Charles Schwab Corp.'s motion to compel arbitration in a <a href=\"https://www.benefitspro.com/2019/01/24/are-class-action-waivers-in-the-future-of-erisa-plans/\" target=\"_blank\">class-action</a> lawsuit against fiduciaries to the company's 401(k) plan.</p>","<p>In January of 2018, a ruling in the U.S. District Court for the Northern District of California said the arbitration provisions in Schwab's plan documents did not bind the plaintiff, a former broker with the firm, to arbitration.</p>","<p>One of the arbitration provisions was written into plan documents after the plaintiff left Schwab, but before he brought the lawsuit.</p>","<div class=\"paywall-content\"><p>\"The Plan Document issued a year after Dorman (the plaintiff) ceased participation in the Plan cannot apply to his claims,\" wrote District Court Judge Claudia Wilken in 2018. \"To hold otherwise would be inequitable because it would allow a plan defendant to amend the plan documents unilaterally at any time, even after a participant has brought suit against the defendant, and put the participant at a disadvantage.\"</p>","<p>Judge Wilken also said the arbitration agreements were not binding because the lawsuit was brought on behalf of the retirement plan, and the arbitration agreements only applied to claims from individuals.</p>","<p>In reversing the lower court's decision, the Ninth Circuit reversed its position on the enforceability of arbitration agreements in <a href=\"https://www.benefitspro.com/2019/01/11/10-most-expensive-erisa-settlements-of-2018/\" target=\"_blank\">ERISA</a> claims, which was based on a 1984 circuit ruling in Amaro v. Continental Can Co.</p>","<p>\"We conclude that our holding in Amaro is no longer good law,\" the Ninth Circuit said in its ruling, citing the Supreme Court's 2013 decision in American Express Co. v. Italian Colors Restaurant.</p>","<p>According to the Ninth Circuit's decision, the lower court erred in ruling that one of the arbitration agreements, and class-action waivers, was written into plan documents after the plaintiff left Schwab.</p>","<p>Attorneys for the brokerage attempted to file papers showing evidence the arbitration provision took effect during the plaintiff's employment, but the lower court denied their request to reconsider its decision.</p>","<p>When the Ninth Circuit ruled in Amaro back in 1984, it reasoned that \"arbitrators, many of whom are not lawyers, lack the competence of courts to interpret and apply statutes as Congress intended.\"</p>","<p>But several rulings by the Supreme Court since have upheld the competency of arbitrators, the Ninth Circuit's decision said.</p>","<p>That the Ninth Circuit overturned its own precedent on arbitration agreements and ERISA claims is substantial, not just for Schwab, but for the larger plan sponsor community, said Kevin Walsh, a partner with The Groom Law Group.</p>","<p>\"It's a big deal because it could provide a way for sponsors to reduce litigation costs in arbitration rather than in class-action litigation,\" said Walsh.</p>","<p>The plaintiffs could petition the Supreme Court to review the Ninth Circuit's decision. But the High Court has issued several rulings on the enforceability of arbitration agreements under the Federal Arbitration Act over the past decade. And the Court may decide that those rulings provide enough clarity, said Walsh.</p>","<p>\"I think this may be the end of the road for challenges to arbitration agreements in the ERISA context,\" he said. \"The Supreme Court has spoken with a uniform voice upholding the enforceability of arbitration agreements.\"</p>","<p>The ruling is likely to motivate more arbitration agreements in plan documents, added Walsh.</p>","<p>\"Even though the Supreme Court has been signaling arbitration is a fair remedy, there was still some skepticism over whether the Ninth Circuit would go along with that,\" he said. \"I think we will see more arbitration agreements added to plan documents.\"</p>","<p><strong>READ MORE:</strong></p>","<p><strong><a href=\"https://www.benefitspro.com/2019/03/05/intel-asks-scotus-to-clarify-erisas-statute-of-limitations/\" target=\"_blank\">Intel asks Supreme Court to clarify ERISA's statute of limitations</a></strong></p>","<p><strong><a href=\"https://www.benefitspro.com/2019/04/25/supreme-court-favors-businesses-curbs-class-arbitration/\" target=\"_blank\">Supreme Court favors businesses, curbs class arbitration </a></strong></p>","<p><strong><a href=\"https://www.benefitspro.com/2019/06/12/women-suing-goldman-in-14-year-discrimination-fight-resist-arbitration/\" target=\"_blank\">Women suing Goldman in 14-year discrimination fight resist arbitration</a></strong></p></div>"],"slides":[],"video":null},"articlePackages":[],"youmightlike":[{"uri":"/2024/11/06/leveraging-ai-to-enhance-employee-experiences-a-qa-with-pragya-gupta/","title":"Leveraging AI to enhance employee experiences: A Q&A with Pragya Gupta","byline":"Lily Peterson","prettyDate":"November 06, 2024","readtime":"5","image":{"uri":"https://images.benefitspro.com/contrib/content/uploads/sites/412/2023/08/Advertising-Article-202308021659.jpg","width":"620","height":"372"},"summary":"As AI becomes a more viable tool to automate repetitive tasks, HR teams can now focus on creating a personalized employee experience."},{"uri":"/2024/11/06/why-we-need-to-make-navigating-health-care-as-simple-as-buying-a-new-tv/","title":"Why we need to make navigating health care as simple as buying a new TV","byline":"Jeff Jacques","prettyDate":"November 06, 2024","readtime":"6","image":{"uri":"https://images.benefitspro.com/contrib/content/uploads/sites/412/2024/11/switching-channels-on-TV-set-with-remote-control-Article-202411061144.jpg","width":"620","height":"372"},"summary":"People need a more user-friendly way to navigate the complex health care system. While consumers can easily find information online for everyday purchases, health care navigation remains difficult."},{"uri":"/2024/11/06/lawyers-warn-little-noticed-report-could-spell-bad-news-for-employers-412-177596/","title":"EEOC tightens scrutiny on workplace harassment investigations","byline":"Charles Toutant","prettyDate":"November 06, 2024","readtime":"6","image":{"uri":"https://images.benefitspro.com/contrib/content/uploads/sites/412/2022/11/EEOC-Article-202211181719.jpg","width":"620","height":"372"},"summary":"Employers should prepare for the Equal Employment Opportunity Commission to pay more attention to the caliber of their internal investigations into workplace harassment, some employment lawyers said."},{"uri":"/2024/11/06/33000-boeing-workers-end-strike-no-pension-in-new-contract-but-401k-contribution-boost/","title":"33,000 Boeing workers end strike: No pension in new contract, but 401(k) contribution boost","byline":"Lynn Cavanaugh","prettyDate":"November 06, 2024","readtime":"4","image":{"uri":"https://images.benefitspro.com/contrib/content/uploads/sites/412/2024/11/Boeing-Article-202411061105.jpg","width":"620","height":"372"},"summary":"Retirement plans were a hot button issue for union workers, who wanted Boeing to bring back their lost pension plans, however, Boeing said they were \"prohibitively expensive.\""},{"uri":"/2024/11/05/more-than-90-of-employees-opt-for-the-same-health-plan-they-previously-had/","title":"More than 90% of employees opt for the same health plan they previously had","byline":"Alan Goforth","prettyDate":"November 05, 2024","readtime":"3","image":{"uri":"https://images.benefitspro.com/contrib/content/uploads/sites/412/2024/11/AdobeStock_406610987.jpeg","width":"4464","height":"2976"},"summary":"Nearly 80% of employees \"strongly agree\" or \"agree\" they will spend more time reviewing their employee benefits options and coverage this year than they did during the last enrollment period."},{"uri":"/2024/11/04/helping-employees-make-smarter-benefits-elections-during-open-enrollment/","title":"Helping employees make smarter benefits elections during open enrollment","byline":"Sabra Scioaro","prettyDate":"November 04, 2024","readtime":"6","image":{"uri":"https://images.benefitspro.com/contrib/content/uploads/sites/412/2024/10/AdobeStock_161454845.jpeg","width":"5500","height":"3667"},"summary":"To ensure that employees make the best possible benefits decisions, HR leaders must focus on clear, personalized, and accessible communication."}],"readnext":{"contents":[{"uri":"/2024/11/04/independent-pharmacies-sue-goodrx-over-price-checking-strategy/","title":"Independent pharmacies sue GoodRx over price-checking strategy","byline":"Allison Bell","summary":"The pharmacies have accused the discount provider of using an automated algorithm to fix reimbursement rates.","prettyDate":"November 04, 2024","kicker":"News","image":{"uri":"https://images.benefitspro.com/contrib/content/uploads/sites/412/2024/05/GoodRx-Card-and-App-Article-202405091420.jpg","width":"620","height":"372"},"breadcrumb":[],"primaryCategory":{"name":"","uri":"","channelName":"","channelUri":""}},{"uri":"/2024/10/07/navigating-cancers-financial-strain-a-guide-for-benefit-and-health-plan-leaders/","title":"Navigating Cancer's Financial Strain: A Guide for Benefit and Health Plan Leaders","byline":"Color Health (Sponsored)","summary":"Join this webcast to discuss the economic challenges faced by cancer patients and explore how entities that manage their care and wellbeing can mitigate these burdens and downstream effects.","prettyDate":"October 07, 2024","kicker":"","image":{"uri":"","width":"","height":""},"breadcrumb":[],"primaryCategory":{"name":"","uri":"","channelName":"","channelUri":""}},{"uri":"/2024/11/06/what-the-election-results-mean-for-employer-health-plans/","title":"What the election results mean for employer health plans","byline":"Allison Bell","summary":"Some large health insurers have backed federal efforts to crack down on potential rivals to fully insured group health insurance, but the Trump administration seems likely to end efforts to restrict the major medical insurance alternatives.","prettyDate":"November 06, 2024","kicker":"Analysis","image":{"uri":"https://images.benefitspro.com/contrib/content/uploads/sites/412/2024/08/2024-8-20-green-numbers-crystal-ball-104239992_Thinkstock_620x372.jpg","width":"620","height":"372"},"breadcrumb":[],"primaryCategory":{"name":"","uri":"","channelName":"","channelUri":""}},{"uri":"/2024/11/05/how-the-presidential-election-will-impact-ichras-and-the-health-insurance-market/","title":"How the presidential election will impact ICHRAs and the health insurance market","byline":"Jack Hooper","summary":"There are significant differences in how Kamala Harris and the Democrats or Donald Trump and the Republicans plan to tackle a range of issues — including health care.","prettyDate":"November 05, 2024","kicker":"Commentary","image":{"uri":"https://images.benefitspro.com/contrib/content/uploads/sites/412/2024/10/2024-Presidential-Election-Healthcare-MI.jpg","width":"620","height":"372"},"breadcrumb":[],"primaryCategory":{"name":"","uri":"","channelName":"","channelUri":""}},{"uri":"/2024/11/01/aca-individual-health-enrollment-launches-fueled-by-ichra-interest/","title":"ACA individual health enrollment opens, fueled by ICHRA interest","byline":"Allison Bell","summary":"As Medicare plans vanish and group health drifts, the cash-for-coverage market offers brokers and insurers some hope.","prettyDate":"November 01, 2024","kicker":"News","image":{"uri":"https://images.benefitspro.com/contrib/content/uploads/sites/412/2024/11/2024-11-1-healthcare-gov-2025_ALM_620x372.jpg","width":"620","height":"372"},"breadcrumb":[],"primaryCategory":{"name":"","uri":"","channelName":"","channelUri":""}},null]}},"extensions":{"DateTime":"2024-11-07T08:13:39.079887207","ResponseTime":"?","AuthorizedUser":false,"AlmContext":"AlmContext{clientIP='10.0.253.253', internalIP='true', origin='', authorizedUser='false', Chinchilla, userAccount='null', UCID=null, ipAccount='null'}","NavServiceResponse":{"message":"Show a wall","action":"show wall","data":"WelcomeWall","placResultsPublic":{"overallContentType":"FreeWithRegContent","userState":"DENYREFERERNOTALLOWED","showWall":"WelcomeWall","userAccess":"0","referrer":"https://www.benefitspro.com/2019/08/21/9th-circuit-reverses-on-arbitration-agreements-in-erisa-plans","userAccessCookie":null,"productList":"","contentMetaData":"<?xml version='1.0' encoding='UTF-8'?><ARTICLE><TYPE>ARTICLE</TYPE><ID>/2019/08/21/9th-circuit-reverses-on-arbitration-agreements-in-erisa-plans/</ID><SOURCE>BenefitsPro</SOURCE><PUBLICATION-DATE>2019-08-21 17:40:59</PUBLICATION-DATE><PUBLICATION-NAMES><PUBLICATION-NAME>BenefitsPro</PUBLICATION-NAME></PUBLICATION-NAMES><PRACTICE-AREAS /><CHANNELSECTIONS><CHANNELSECTION><CHANNEL></CHANNEL><SECTION>C-Suite</SECTION></CHANNELSECTION><CHANNELSECTION><CHANNEL></CHANNEL><SECTION>Compliance</SECTION></CHANNELSECTION><CHANNELSECTION><CHANNEL></CHANNEL><SECTION>Retirement</SECTION></CHANNELSECTION><CHANNELSECTION><CHANNEL></CHANNEL><SECTION>News</SECTION></CHANNELSECTION><CHANNELSECTION><CHANNEL></CHANNEL><SECTION>Defined Contribution</SECTION></CHANNELSECTION><CHANNELSECTION><CHANNEL></CHANNEL><SECTION>Legal</SECTION></CHANNELSECTION><CHANNELSECTION><CHANNEL></CHANNEL><SECTION>Retirement Regulation</SECTION></CHANNELSECTION><CHANNELSECTION><CHANNEL></CHANNEL><SECTION>Retirement Trends</SECTION></CHANNELSECTION></CHANNELSECTIONS><REFERRER>https://www.benefitspro.com/2019/08/21/9th-circuit-reverses-on-arbitration-agreements-in-erisa-plans</REFERRER></ARTICLE>","numberOfViewsLeft":0,"numberOfFCFViewsLeft":0,"decisionEngine":"Grackle Cache","rulesFiredString":null,"contentProductCodes":null}},"DebuggingData":null,"UsedCache":"true","DataUrl":"http://ml.alm.com:9016/bff-services/content/get-you-may-like-for-content.xqy?naturalId=/2019/08/21/9th-circuit-reverses-on-arbitration-agreements-in-erisa-plans/&site=www.benefitspro.com&total="},"status":200,"headers":{}},"request":{"query":"\n####\n####\n# QUERY\n# ROUTE:/2019/08/21/9th-circuit-reverses-on-arbitration-agreements-in-erisa-plans/\n####\n\n\nquery BenefitsPro__view_article_no_sitedir{articleData:\n getContent(naturalId: \"/2019/08/21/9th-circuit-reverses-on-arbitration-agreements-in-erisa-plans/\", site:\"benefitspro.com\") {\n uri\n canonicalUrl\n generatedId\n naturalId\n type\n postFormat\n kickerPresentedBy {\n \t\t label\n \t\t value\n \t\t}\n breadcrumb{\n name\n \t\turi\n }\n presentedBy\n title\n readtime\n timeToRead\n prettyModified\n prettyDateTime\n needToKnow\n byline\n showDisclaimer\n authors {\n name\n description\n imageLarge\n webUrl\n }\n publication\n kicker\n kickerNode {\n name\n slug\n uri\n sectionName\n }\n prettyDate\n prettyDateTime\n pubDate\n modifiedDate\n isDownload\n primaryCategory {\n channelName\n sectionName\n name\n uri\n slug\n channelUri\n }\n tags\n image {\n uri\n width\n height\n alt\n }\n embed1\n embed2\n summary\n categories {\n name\n uri\n channelName\n }\n bodyArray\n slides {\n title\n image\n caption\n height\n width\n }\n video\n\n }\n articlePackages:\n getPackagesForArticle(docId: \"/2019/08/21/9th-circuit-reverses-on-arbitration-agreements-in-erisa-plans/\", limit: 3, publication:\"benefitspro.com\") {\n title \n slug\n type \n summary\n cssFile\n navigations {\n name\n link\n }\n articles {\n title\n kicker\n uri\n image {\n uri\n }\n }\n\n \n }\n youmightlike:\n getYouMayLikeForContent(naturalId: \"/2019/08/21/9th-circuit-reverses-on-arbitration-agreements-in-erisa-plans/\", site:\"benefitspro.com\") {\n uri\n title\n byline\n prettyDate\n readtime\n image {\n uri\n width\n height\n }\n summary\n }\n readnext:\n getStatsList(site:\"benefitspro.com\", topic: \"\", limit: 5, timeframe: \"3days\" ) {\n contents {\n uri\n title\n byline\n summary\n prettyDate\n kicker\n image {\n uri\n width\n height\n }\n breadcrumb{\n name\n \t\turi\n }\n primaryCategory {\n name\n uri\n channelName\n channelUri\n }\n breadcrumb {\n name\n uri\n }\n }\n\n }\n }"}}
© 2024 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.
Report
Sponsored by New Benefits
This report reveals the top non-insured benefits that not only reduce costs but also address the rising challenges of burnout, financial stress, and work-life balance. Give your clients the edge they need to support their employees while driving business growth. Download the report now to learn more!
Cheat Sheet
Sponsored by ArmadaCare
Benefits By The Numbers: Fast Facts for Busy Brokers
In the world of benefits, knowledge is power, and numbers tell the story.
Guide
Sponsored by RxBenefits
Get actionable steps to help your clients lower their pharmacy spend, improve plan performance, and increase employee satisfaction.