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3rd Circuit Considers ERISA Fee Litigation Class Certification Issues

Tuesday, May 25, 2021 The Third Circuit will review a Pennsylvania district courtโ€™s decision to certify a 60,000+ person class in an ERISA fiduciary breach lawsuit claiming mismanagement of a defined contribution planโ€™s investments and recordkeeping fees. This appeal queues up guidance on a hotly litigated issue in recent ERISA cases:ย  can defined contribution plan participants challenge the prudence and loyalty of retaining a plan investment option they never invested in? For ex...
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