U.S. Court of Appeals for the Ninth Circuit

Case Status


Docket Number

Oral Argument Date

May 15, 2018


Case Updates

Ninth Circuit affirms order denying arbitration of ERISA claims on ground that claims are outside the scope of the arbitration agreement

July 24, 2018

Click here to view the opinion.

U.S. Chamber opposes efforts of plaintiffs to evade arbitration agreements in ERISA class actions

November 06, 2017

The U.S. Chamber filed an amicus brief in a Ninth Circuit appeal regarding the enforceability of a bilateral arbitration agreement in a putative ERISA class action. The district court held that participants in a defined-contribution plan cannot agree to arbitrate ERISA claims without the consent of the plan itself. The Chamber’s brief argued that the district court’s decision disregards clear precedent and threatens to upend a well-established and common component of ERISA plans, on which numerous parties have relied for decades.

Andrew J. Pincus, Archis A. Parasharami, Brian D. Netter, and Travis Crum of Mayer Brown LLP served as co-counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.

Case Documents