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Another federal appellate court finds ERISA plan arbitration clause unenforceable
JD Supra//February 20, 2026//
The 5th U.S. Circuit Court of Appeals became the eighth federal appellate court to apply the judicially created “effective vindication doctrine,”1 and hold that an arbitration clause in an ERISA plan document was unenforceable because it required the plaintiff-participant to waive substantive rights and remedies under ERISA.
More from JD Supra: https://www.jdsupra.com/legalnews/fifth-circuit-is-the-latest-federal-7656464/
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