6th Circuit Upholds Arbitration Denial; Fiduciary Breach Claim ‘Belongs’ To Plan

Mealey's (April 28, 2022, 1:44 PM EDT) -- CINCINNATI — In a case it said “presents issues of first impression for this court,” a Sixth Circuit U.S. Court of Appeals panel on April 27 affirmed a lower court’s ruling that a breach of fiduciary duty claim brought under the Employee Retirement Income Security Act “belongs” to the defined-contribution retirement plan rather than the participants who brought the suit and that the plan had not consented to arbitration....