Consultant To 3rd Circuit: Plan’s Consent Is What Matters In ERISA Arbitration Row

Mealey's (August 25, 2022, 3:57 PM EDT) -- PHILADELPHIA — Arguing that “an individual plaintiff cannot negate the plan’s own agreements by insisting her consent to them is necessary” and that equitable estoppel also supports its position in the dispute over retirement plan fees and funds, a consultant on Aug. 15 urged the Third Circuit U.S. Courts of Appeals to rule against plan participants who are challenging the consultant’s granted motion to compel arbitration....