Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 14 NOVEMBER 2020

ERISA (7th Circuit): Are ERISA Plan Forum Selection Clauses Enforceable?

Ballard Spahr LLP
Ballard Spahr LLP
Contributor
Ballard Spahr LLP

Ballard Spahr LLP

Ballard Spahr LLP, an AmLaw 100 law firm with 19 US offices, serves clients in more than 50...

View firm profile
Explore more from Ballard Spahr LLP

You already know that ERISA gives plan beneficiaries a choice on where to bring suit seeking ERISA benefits. Section 1132(e)(2) allows plan beneficiaries

United StatesEmployment and HR
Michael Reilly
Michael Reilly
Author LinkedIn connections

You already know that ERISA gives plan beneficiaries a choice on where to bring suit seeking ERISA benefits. Section 1132(e)(2) allows plan beneficiaries to bring suit "in the district where the plan is administered, where the breach took place, or where a defendant resides or may be found...."

But what happens when the plan has a forum-selection clause? Are forum selection clauses enforceable? YES.

Here's the case of In re Mathias, __ F.3d __ (7th Cir. August 10, 2017).

FACTS: Plaintiff sued the Caterpillar ERISA Plan in federal court in Pennsylvania, where he had worked for years. But the ERISA plan included a form selection provision requiring suits to be filed in the federal court for the Central District of Illinois. Plaintiff argued, however, that the plan's forum selection clause should not be enforceable because of ERISA's broad beneficiary-protection purpose, which allows plan beneficiaries to choose a number of potential venues.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

IRS Issues New Revenue Procedure

The IRS has released Revenue Procedure 2026-24, establishing new inflation-adjusted limits for Health Savings Accounts and high-deductible health plans effective in 2027. These updates include increased contribution limits, higher minimum deductibles, and expanded out-of-pocket maximums, along with new provisions for direct primary care service arrangements under the One, Big, Beautiful Bill Act. How will these changes impact employee benefit planning and healthcare coverage strategies?
United StatesEmployment and HR
Winston Taylor
Winston Taylor
Article

Treasury Issues Temporary Regulations On Trump Accounts And Contributions

The U.S. Department of the Treasury and IRS recently issued temporary regulations that provide an immediately effective framework for establishing and administering “Trump Accounts,” including broad automatic enrollment and large-scale contributions funded by governmental and charitable donors. The regulations became effective September 30, 2026, apply to taxable years beginning on or after January 1, 2026, and expire September 30, 2029.
United StatesEmployment and HR
Fennemore Craig, P.C.
Fennemore Craig, P.C.
Article

Allegheny County Council Passes Paid Parental Leave Policy

On Tuesday, October 20, 2026, the Allegheny County Council passed legislation requiring employers with at least 15 workers to provide 12 weeks of paid parental leave, ending months-long debate on the proposal. We previously reported on the initial 18-week proposal in May 2026 (summarized here), the revised proposed legislation (summarized here), and the Allegheny County Board of Health passing the legislation (summarized here). The measure was passed in an 11-4 vote. It will become effective in one year, as County Executive Sara Innamorato signed the bill on, October 22, 2026.
United StatesEmployment and HR
Buchanan Ingersoll & Rooney
Buchanan Ingersoll & Rooney
Article

DOL Announces Enforcement Actions Against Employers In H-1B And PERM Fraud Probe

The Trump Administration has launched an unprecedented enforcement action suspending permanent labor certification processing for eight major employers, linking immigration sponsorship to layoff histories and recruitment practices. This development signals a fundamental shift in how the government evaluates employer access to H-1B and green card programs, with investigations already underway and subpoenas served.
United StatesEmployment and HR
Mayer Brown
Mayer Brown
Article

Maryland’s Ban On Mandatory Employer Meetings: Notice Deadline Looms

Maryland employers must comply with new posting requirements under the Worker Freedom Act, which prohibits penalizing employees who decline attendance at employer-sponsored meetings on religious or political matters. The Maryland Department of Labor has released official notices in English and Spanish that must be displayed prominently in workplaces and provided to new hires starting November 1, 2026.
United StatesEmployment and HR
Jackson Lewis P.C.
Jackson Lewis P.C.
Article

Countdown To Compliance: Employer Preparations For Nov. 2026 OSHA HazCom Deadlines

OSHA's revised Hazard Communication Standard requires covered employers to update chemical labels, written hazard communication programs, and employee training by November 20, 2026. The revisions align with the UN's Globally Harmonized System and introduce new hazard classifications, downstream use considerations, and updated requirements for compressed gases and aerosols. Employers must navigate separate compliance timelines for chemical mixtures while ensuring their workplace practices meet the updated st
United StatesEmployment and HR
Jackson Lewis P.C.
Jackson Lewis P.C.
Article

SEC Charges WhatsApp-Driven Crypto Fraud Schemes Totaling Over $15 Million

The SEC has charged two offshore entities with orchestrating sophisticated investment confidence scams that defrauded over 2,000 retail investors of at least $15.3 million through fake AI-powered crypto trading platforms. Using WhatsApp group chats, impersonated investment professionals, and fabricated regulatory filings, the defendants created elaborate schemes that promised guaranteed returns while stealing investor funds through shell companies and blocking withdrawal attempts with demands for additional
United StatesCriminal Law
Ballard Spahr LLP
Ballard Spahr LLP
Article

New York City’s Proposed POWER Act Would Create An Expansive Municipal Private Right Of Action For Unfair And Abusive Business Practices, Unfair Methods Of Competition, And Unlawful Acts

New York City's proposed POWER Act would create one of the most expansive municipal consumer-protection regimes in the country, introducing a sweeping private right of action that permits injured persons and nonprofit organizations to sue businesses for unfair, deceptive, abusive, or unlawful practices. The legislation has sparked intense debate between business groups warning of litigation exposure and consumer advocates arguing it fills critical enforcement gaps left by resource-constrained agencies. The
United StatesConsumer Protection
Ballard Spahr LLP
Ballard Spahr LLP
Article

FinCEN Proposes To Designate Banque Misr UAE As A Primary Money Laundering Concern And Revoke Correspondent Banking Access

The Financial Crimes Enforcement Network has proposed revoking Banque Misr UAE's correspondent banking access to U.S. financial institutions, designating it as a financial institution of primary money laundering concern. This action stems from Treasury's Operation Economic Outcast, which aims to sever financial channels Iran uses to evade sanctions and fund terrorist activities through shadow banking networks.
GlobalGovernment, Public Sector
Ballard Spahr LLP
Ballard Spahr LLP
Article

AI Learning Or AI Copying? Ninth Circuit Weighs In

The Ninth Circuit held that GitHub Copilot's AI-generated code did not violate DMCA's copyright management information (CMI) removal provisions, even when output resembled source code, because the system generated new works through probabilistic patterns rather than retrieving and stripping information from existing copies. This decision establishes a critical distinction between AI systems that learn and generate versus those that retrieve and reproduce, with significant implications for how courts evaluat
United StatesIntellectual Property
Ballard Spahr LLP
Ballard Spahr LLP
Article

Senate Banking Committee Advances Brian Johnson’s Nomination To Lead CFPB

The Senate Banking Committee has advanced Brian Johnson's nomination to lead the Consumer Financial Protection Bureau in a party-line vote, setting the stage for a full Senate confirmation. With the Senate's pre-election recess looming and Mark Paoletta currently serving as Acting Director, the timing of Johnson's potential confirmation could determine whether the CFPB has Senate-confirmed leadership before the November midterm elections.
United StatesGovernment, Public Sector
Ballard Spahr LLP
Ballard Spahr LLP
Article

Revised Draft Rules For The Colorado ADMT Act And Conversational AI Act Released

Colorado's Department of Law has released a revised draft of its Automated Decision-Making Technology and Conversational AI Service Rules, introducing significant changes to the state's AI regulatory framework. The updated rules address critical definitions around material influence and establish new standards for consumer rights, adverse outcomes, and reviewer qualifications. Organizations operating under the Colorado AI Act face important compliance considerations as the public hearing approaches.
United StatesCorporate/Commercial Law
Ballard Spahr LLP
Ballard Spahr LLP