Thursday, February 21st, 2008...8:25 am
U S Supreme Court: Arbitrator Decides Contract Validity
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Yesterday the U. S. Supreme Court issued its opinion in Preston v. Ferrer, in which it held that questions about the validity of a contract with an arbitration clause belong before the arbitrator rather than a judge or administrative agency, despite state law to the contrary.
The Court also held that ERISA § 402(a)(2) permits a 401(k) participant to sue for fiduciary breach when the breach impairs the value of plan assets in the participant’s individual account. LaRue v. DeWolff, Boberg.
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