United States: High Court Review Of Plan’s Forum- Selection Clause Not Warranted

Mealey's (December 7, 2015, 10:07 AM EST) -- WASHINGTON, D.C. — The solicitor general told the United States on Nov. 25 that even though the Sixth Circuit U.S. Court of Appeals erred in ruling that a federal judge properly dismissed without prejudice a pension plan participant’s claim that the plan improperly reduced his benefits, where the suit was not brought in the federal court specified in the plan’s forum-selection clause, Supreme Court review is not warranted (Roger L. Smith v. AEGON Companies Pension Plan, No. 14-1168, U.S. Sup.; 2014 U.S. Briefs 1168; 2015 U.S. S. Ct. Briefs LEXIS 4323)....