Tag Archives: Clay

ERISA Forum Selection Clauses And Skidmore Deference

In Smith v. Aegon Companies Pension Plan (No. 12-5492), the Sixth Circuit decided whether to enforce a forum selection clause that was included in an ERISA plan seven years after the plaintiff’s benefits accrued.  The Secretary of Labor filed an amicus brief arguing that such clauses are incompatible with ERISA, which requires access to federal … Continue Reading

Decrying Gamesmanship, the Sixth Circuit Affirms Application of Judicial Estoppel to Bankruptcy Petitioner

In a ruling that puts bankruptcy petitioners on notice of the perils of “gamesmanship,” the U.S. Court of Appeals for the Sixth Circuit has ruled that, where a petitioner asserts a position before a bankruptcy court contrary to that later asserted before a district court and where she had a motive to act in bad … Continue Reading