United States:
Arbitrator To Decide Whether ERISA Fiduciary Claims Should Be Arbitrated
06 December 2019
Proskauer Rose LLP
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A federal district court in Texas referred to arbitration a
401(k) plan participant's ERISA breach of fiduciary duty action
based on allegations that certain plan investment options charged
excessive fees. In a two-page order, the court instructed the
arbitrator to determine whether the arbitrator or a court should
determine whether the class action waiver provision in the
participant's arbitration agreement waived her right to bring a
representative action under ERISA § 502(a)(2). The case is
Torres v. Greystar Mgmt. Servs., L.P., No. 5:19-cv-00510
(W.D. Tex. Oct. 25, 2019).
Arbitrator To Decide Whether ERISA Fiduciary Claims Should Be
Arbitrated
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about your specific circumstances.
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