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Another Schlichter Suit Targets Sponsor and Providers
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Penn will pay $13 million to settle class action lawsuit over excessive retirement plan fees
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Schlichter
CHICAGO – U.S. Seventh Circuit appellate judges granted Apple immediate relief from Chief District Judge Nancy Rosenstengel’s order remanding privacy invasion claims to St. Clair County circuit court.
On Jan. 22, they vacated the order and directed her to reconsider it in light of Townley v. Clearview, an opinion they issued on Jan. 14.
They have issued six opinions on privacy of biometric information in two years, all on the jurisdictional question of standing to sue.
A concurring judge found he couldn’t extract a rule from that line and wished the Supreme Court would repair its precedent.
Under Article III of the Constitution, persons lack standing in federal court when asserting an interest or claiming an injury that all members of the public share.
University of Pennsylvania to pay $13 million to settle ERISA case
The Ben Franklin statue on the University of Pennsylvania campus in Philadelphia
University of Pennsylvania, Philadelphia, has agreed to pay $13 million to settle a long-running court case in which current and former participants alleged that fiduciaries of a university 403(b) plan violated ERISA guidelines in managing the plan.
The proposed settlement also contains agreements by the university and its fiduciaries to make a series of changes in the plan s operations, including investment lineup revisions, a record-keeping RFP and a prohibition of cross-selling non-plan products by record keepers.
The agreement requires court approval. A settlement document was submitted Thursday to a U.S. District Court judge in Philadelphia.
District judge Nancy Rosenstengel granted Apple Inc.’s motion to supplement its motion for reconsideration of an order remanding the claim that it profited from individual biometric data to the St. Clair County Circuit Court.
Apple filed its motion for leave to submit supplemental authority in support of its motion to reconsider on Dec. 16 through attorney Raj Shah of Chicago.
Apple argued that the Seventh Circuit accepted an appeal to review a remand order in another lawsuit involving the Illinois Biometric Information Privacy Act (BIPA) against Clearview Al Inc. on Nov. 18. Plaintiff Thornley’s suit alleges Clearview sold access to a database containing biometric information.
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