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How Appealing Weekly Roundup - Vimarsana News

How Appealing Weekly Roundup

The week in appellate news.

How Do Rule 23(F) Petitions Fare In The Ninth Circuit? - Civil Law - Vimarsana News

How Do Rule 23(F) Petitions Fare In The Ninth Circuit? - Civil Law

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...

Source: mondaq.com
3rd Circuit Considers ERISA Fee Litigation Class Certification Issues - Vimarsana News

3rd Circuit Considers ERISA Fee Litigation Class Certification Issues

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