Ninth Circuit Reverses Course, Compels Arbitration in ERISA Case

Recognizing Supreme Court precedent, the Ninth Circuit Court of Appeals reversed course, allowing arbitration of claims concerning an ERISA 401(k) plan in Dorman v. Charles Schwab Corp., No. 18-15281, 934 F.3d 1107 and 2019 WL 3939644 (Aug. 20, 2019). In 1984, the Ninth Circuit held that ERISA claims were not subject to arbitration in Amaro v. Continental Can Co. The United States Supreme Court later held in American Express Co. v. Italian Colors Restaurant that “arbitrators were competent to interpret and apply federal statutes.” Learn more about this case and the Ninth Circuit’s ruling here.