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Nov. 5, 2016
Forum selection clause rulings go rogue
Forum selection clauses are automatically invalid and unenforceable in ERISA cases, so say two federal district courts, bucking the trend of the majority of courts which have enforced such clauses. By Jahiz Noel Agard
Going against the trend, two federal district courts recently determined that forum selection clauses are automatically invalid and unenforceable in the Employee Retirement Income Security Act (ERISA) context - Dumont v. PepsiCo, Inc. (D. Me., June 29, 2016) and Harris v. BP Corporation North America Inc. (N.D. Ill., July 8, 2016).
These rulings are in line with recent arguments of the U.S. Department of...
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