George W. Mathias v. Michael M. Mihm

SYKES, Circuit Judge.. This mandamus petition raises a question of first impression in this circuit: Does ERISA’s venue provision, 29 U.S.C. § 1132(e)(2), preclude enforcement of a forum-selection clause .in an employee-benefits plan? - George Mathias,.- the ■ plan beneficiary and mandamus petitioner here, argues that it does; the Secretary of Labor, as amicus curiae,, supports that interpretation. The respondent health plans argue that § 1132(e)(2) is permissive only and does not invalidate a forum-selection clause contained in plan documents.

Only one circuit has addressed this question. The…