No. 03-16560.

436 F.3d 1098 (2006)

Kevin COMER, Plaintiff-Appellee, v. MICOR, INC.; Kenneth C. Smith; Elliot H. Wagner; Barbara Arbucci, Defendants, and Salomon Smith Barney, Inc., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed February 1, 2006.

Attorney(s) appearing for the Case

Peter R. Boutin and Benjamin W. White, Keesal, Young & Logan, P.C., San Francisco, CA, for the defendant-appellant.

Daniel Feinberg and Thuy T. Le, Lewis, Feinberg, Renaker & Jackson, P.C., Oakland, CA, for the plaintiff-appellee.

Before KOZINSKI and FERNANDEZ, Circuit Judges, and HATTER, District Judge.

KOZINSKI, Circuit Judge.

We consider whether an ERISA-plan participant can be compelled to arbitrate an ERISA claim brought on behalf of the plan where the plan — but not the participant — has signed an arbitration agreement.


Kevin Comer was a participant in two ERISA plans operated by Micor, Inc. The plan trustees retained Salomon Smith Barney, Inc. (Smith Barney) to provide investment...

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