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MUNRO v. UNIVERSITY OF SOUTHERN CALIFORNIA

No. 17-55550.

896 F.3d 1088 (2018)

Allen L. MUNRO, individually and as representatives of a class of participants and beneficiaries on behalf of the University of Southern California Defined Contribution Retirement Plan and the University of Southern California Tax Deferred Annuity Plan; Daniel C. Wheeler, individually and as representatives of a class of participants and beneficiaries on behalf of the University of Southern California Defined Contribution Retirement Plan and the University of Southern California Tax Deferred Annuity Plan; Edward E. Vaynman, individually and as representatives of a class of participants and beneficiaries on behalf of the University of Southern California Defined Contribution Retirement Plan and the University of Southern California Tax Deferred Annuity Plan; Jane A. Singleton, individually and as representatives of a class of participants and beneficiaries on behalf of the University of Southern California Defined Contribution Retirement Plan and the University of Southern California Tax Deferred Annuity Plan; Sarah Gleason, individually and as representatives of a class of participants and beneficiaries on behalf of the University of Southern California Defined Contribution Retirement Plan and the University of Southern California Tax Deferred Annuity Plan; Rebecca A. Snyder, individually and as representatives of a class of participants and beneficiaries on behalf of the University of Southern California Defined Contribution Retirement Plan and the University of Southern California Tax Deferred Annuity Plan; Dion Dickman; Corey Clark; Steven L. Olson, Plaintiffs-Appellees, v. UNIVERSITY OF SOUTHERN CALIFORNIA; USC Retirement Plan Oversight Committee; Lisa Mazzocco, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed July 24, 2018.

Attorney(s) appearing for the Case

Eugene Scalia (argued) and Paul Blankenstein , Gibson Dunn & Crutcher LLP, Washington, D.C.; Debra Wong Yang , Christopher Chorba , Jennafer M. Tryck , and Samuel Eckman , Gibson Dunn & Crutcher LLP, Los Angeles, California; for Defendants-Appellants.

Michael A. Wolff (argued), James Redd , and Jerome J. Schlichter , Schlichter Bogard & Denton LLP, St. Louis, Missouri, for Plaintiffs-Appellees.

Andrew J. Pincus , Archis A. Parasharami , Brian D. Netter , and Travis Crum, Mayer Brown LLP, Washington, D.C.; Warren Postman and Janet Galeria , U.S. Chamber Litigation Center, Washington, D.C.; for Amicus Curiae Chamber of Commerce.

Mary Ellen Signorille and William Alvarado Rivera , AARP Foundation Litigation, Washington, D.C., for Amici Curiae AARP and AARP Foundation.

Before: Sidney R. Thomas, Chief Circuit Judge, Michelle T. Friedland, Circuit Judge, and Thomas S. Zilly, District Judge.

OPINION

We consider in this appeal whether current and former employees of the University of Southern California may be compelled to arbitrate their collective claims for breach of fiduciary responsibility against the Defendants (collectively, "USC") for the administration of two ERISA plans. Under the circumstances...

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