Tuesday, January 8th, 2008
9th Cir: Limits on the Presumption of Arbitrability
May retirees rely on the presumption of arbitrability?
Retirees and their union filed grievances against their former employer and its pension plan, challenging the denial of pension benefits. The plan refused to arbitrate. On the retirees/union’s motion to compel, the District Court applied the presumption of arbitrability and entered summary judgment against the plan.
On appeal, the plan […]