Dist. Ct. did not err in denying plaintiff-employee’s motion to transfer his ERISA action that challenged defendant-employer’s termination of his health insurance for nonpayment of appropriate premium, where plaintiff alleged that forum selection clause in health plan, that specified that any action be filed in Central District of Illinois, was invalid in light of venue provision in section 1132(e)(2) of ERISA. Forum selection clauses in ERISA plans are controlling unless ERISA invalidates it, and nothing in section 1132(e)(2) expressly invalidates forum-selection clauses in employee-benefits plans. Ct. rejected plaintiff’s argument that under section 1132(e)(2), he could choose any of listed venues without regard to forum-selection clause in plan. (Dissent filed.)
Federal 7th Circuit Court
Civil Court
ERISA