10th Circuit Affirms Reliance On ‘Effective Vindication Exception’ to Refuse to Enforce Arbitration Provision

In a suit filed under the Employee Retirement Income Security Act (ERISA), the U.S. Court of Appeals for the Tenth Circuit recently affirmed a district court’s reliance on the relatively obscure “effective vindication exception,” first announced a decade ago by the U.S. Supreme Court, as the basis to refuse to enforce an arbitration provision in a defined contribution retirement plan.


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