[firm] blog logo

Seventh Circuit Rules ERISA Plan’s Venue Selection Clause is Enforceable

On August 10, 2017, the U.S. Court of Appeals for the Seventh Circuit held in In re: Mathias that an ERISA-covered plan’s venue selection clause limiting where civil lawsuits may be filed against the plan was enforceable, joining the Sixth Circuit which reached a similar conclusion in 2014 in the case of Smith v. Aegon Cos. Pension Plan. ERISA Section 502(e)(2) provides that a civil action may be brought: (i) in the district where the plan is administered, (ii) where the breach took place, or (iii) where a defendant resides or may be found. The Court held that the statute’s language (i.e. “may”) is permissive and that neither the statute nor the legislative history indicates that plans should be prevented from contractually limiting these options. The Seventh Circuit appeared to give weight to the fact that the plan’s venue selection provision required suit to be filed where the plan administrator… Continue Reading

August 2017
S M T W T F S
« Jul   Sep »
 12345
6789101112
13141516171819
20212223242526
2728293031  

Archives