Key Arbitration Provisions Ruled Not Severable In ERISA Case

( October 13, 2026, 3:39 PM EDT) -- SAN ANTONIO — On remand after the Fifth Circuit U.S. Court of Appeals ruled that certain arbitration provisions at issue in an Employee Retirement Income Security Act case violate the effective vindication doctrine, a Texas federal judge held that those provisions are not severable under Texas law; the ruling means that the plan amendment that the defendants argued required arbitration of representative claims cannot be enforced as to those claims....