Contract clause strong enough to upend ERISA forum provisions

Workplace Issues

By Mark D. DeBofsky

Mark D. DeBofsky is a name partner of DeBofsky, Sherman & Casciari P.C. He handles civil and appellate litigation involving employee benefits, disability insurance and other insurance claims and coverage, and Social Security law. He can be reached at mdebofsky@debofsky.com.

Posted August 16, 2017 1:40 PM

A recent ruling issued by the 7th U.S. Circuit Court of Appeals resolved a controversial issue in Employee Retirement Income Security Act litigation: Does ERISA’s venue provision, 29 U.S.C. Section 1132(e)(2), preclude enforcement of a forum-selection clause in an employee benefits plan?The petitioner, George Mathias, the plan beneficiary, the secretary of labor, as amicus curiae, and 7th Circuit Judge Kenneth F. Ripple, the dissenting member of the appellate panel that decided this case maintained that the generous …

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