Aligning itself with other circuit courts that have ruled on the issue, the Ninth Circuit recently held that ERISA does not bar forum selection clauses in benefit plans. The background of the case and the Ninth Circuit’s ruling are straightforward. Plaintiff filed a putative class action in the Northern District of California challenging the management of Wells Fargo’s 401(k) plan. Wells Fargo moved to transfer venue to the District of Minnesota under the 401(k) plan’s forum selection clause. The California district court granted the motion to transfer and Plaintiff sought a writ of mandamus to stop the transfer.
Read the full article at Jackson Lewis Benefits Law Advisor Blog.