In Munro v. Univ. of S. Cal., C.D. Cal., No. 2:16-cv-06191, the U.S. District Court for the Central District of California recently held that participants of the University of Southern California ("USC") retirement plan are not bound to arbitrate their claims of breach of fiduciary duty pertaining to claims of plan mismanagement. In making its ruling, the court held that the participants' ability to bring claims of fiduciary breach under the Employee Retirement Income Security Act is unaffected by their arbitration agreements with USC because those claims are, by their nature, plan claims and the plan didn't consent to arbitrate. The participants involved in the case may now proceed with their claims in federal court instead of being required to bring their claims in a private arbitration.
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