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May 27, 2023
The week in appellate news.
July 1, 2022
The Ninth Circuit gets more requests to appeal class-certification decisions under Rule 23(f) than any other court. How do those requests fare? We take a look below, drawing...
May 25, 2021
Tuesday, May 25, 2021 The Third Circuit will review a Pennsylvania district courtโs decision to certify a 60,000+ person class in an ERISA fiduciary breach lawsuit claiming mismanagement of a defined contribution planโs 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...