• Federal District Court in Kansas dismissed claim for insurance death benefits based on forum selection clause (which required suit to be brought in Texas) set forth in agreement that conferred the benefit.  
  • The United States Department of Labor (“DOL”) submitted amicus brief contending that forum selection clauses in ERISA plans are invalid because they allegedly conflict with ERISA’s Section 502(e)(2), which allows plan participants to sue “where the plan is administered, where the breach took place or where the defendant resides or may be found.”  
  • While the application of ERISA to the actual substantive benefit in this case is at issue, if ERISA applies, the Tenth Circuit’s determination of the enforceability of forum selection clauses will be the first federal appellate court ruling on the issue and may influence the direction of the law in this area.