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Rule 23(b)(2) Certification -- Seventh Circuit Strikes Again, This Time in the ERISA Defined Benefit Context
Seyfarth Shaw LLP Dec. 6, 2012 "In Johnson v. Meriter Health Services Employee Retirement Plan ... the Seventh Circuit affirmed the certification of an ERISA class action under Fed. R. Civ. P. 23(b)(2).... [T]he district court certified a class of more than 4,000 participants, consisting of current and former participants in the Meriter Health Services defined benefit cash balance pension plan, who claimed they were not credited with the benefits to which they were entitled over the course of a 23-year period. The class members raised varying claims depending upon their employment status and the nature and form of the benefits they received, or expected to receive, including interest credit 'whipsaw,' 'cut-back' and 'wear-away' claims.... [The case] evidences the Seventh Circuit's willingness to certify a class under Rule 23(b)(2) despite the possibility of individualized damage issues." |
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