Charles Schwab Corp. (discussed here ), in which that court held a that an ERISA plan's mandatory arbitration and class action waiver provision was enforceable, and could require individualized arbitration of fiduciary breach claims. Still, the tension between the Seventh Circuit's holding in Smith and the Ninth's in Dorman -together with the Supreme Court's repeated statements encouraging enforcement of arbitration provisions-has already lead to speculation that a petition for certiorari will be filed. Thus, while the Seventh Circuit in Smith stated that ERISA claims are generally arbitrable, Smith leaves open many questions about the proper scope of such provisions and how those provisions (to the extent they are enforceable) will shape ensuing arbitration and litigation.