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SMITH v. AEGON COMPANIES PENSION PLAN

No. 13-5492.

769 F.3d 922 (2014)

Roger L. SMITH, Plaintiff-Appellant, v. AEGON COMPANIES PENSION PLAN, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 14, 2014.

Attorney(s) appearing for the Case

ARGUED: Stacey E. Elias , United States Department of Labor, Washington, D.C., for Amicus Curiae. Michael D. Grabhorn , Grabhorn Law Office, PLLC, Louisville, Kentucky, for Appellant. David R. Levin , Drinker Biddle & Reath LLP, Washington, D.C., for Appellee. ON BRIEF: Michael D. Grabhorn , Grabhorn Law Office, PLLC, Louisville, Kentucky, for Appellant. David R. Levin , Drinker Biddle & Reath LLP, Washington, D.C., Michael D. Risley , Stites & Harbison PLLC, Louisville, Kentucky, for Appellee. Stacey E. Elias , United States Department of Labor, Washington, D.C., for Amicus Curiae.

Before: SILER, BATCHELDER, and CLAY, Circuit Judges.

OPINION

ALICE M. BATCHELDER, Circuit Judge.

Appellant Roger Smith appeals the district court's dismissal of his claims without prejudice because of improper venue. The district court held that the venue selection clause in the Employee Retirement Income Security Act ("ERISA")-governed AEGON Pension Plan requiring that suit be brought in federal court in Cedar Rapids, Iowa, was enforceable and applied to Smith's claims. Accordingly, the court dismissed his...

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