U.S. Court of Appeals for the Tenth Circuit in Denver, CO. Credit: Google Tenth Circuit Affirms Reliance On 'Effective Vindication Exception' to Refuse to Enforce Arbitration Provision
In a suit filed under the Employee Retirement Income Security Act (ERISA), the U.S. Court of Appeals for the Tenth Circuit recently affirmed a district court's reliance on the relatively obscure "effective vindication exception," first announced a decade ago by the U.S. Supreme Court, as the basis to refuse to enforce an arbitration provision in a defined contribution retirement plan.
March 09, 2023 at 09:58 AM
10 minute read
Analysis
In a suit filed under the Employee Retirement Income Security Act (ERISA), the Tenth Circuit recently affirmed a district court's reliance on the relatively obscure "effective vindication exception," first announced a decade ago by the U.S. Supreme Court, as the basis to refuse to enforce an arbitration provision in a defined contribution retirement plan. Harrison v. Envision Mgmt. Holding, Inc., — F.4th —, 2023 U.S. App. LEXIS 3144 (10th Cir. Feb. 9, 2023).
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