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Pending Supreme Court Case Carries Implications for ERISA Class Actions
Seyfarth Shaw LLPLink to more items from this source
Sept. 18, 2015

"Many courts do not now require that a class definition exclude the possibility that a class member suffers no injury.... A Tyson win therefore could mean that a putative ERISA class challenging a defective Summary Plan Description that applied to a class of plan participants will not be certified unless class counsel can trace the defect, in roadmap fashion, to a common injury for each class member. It could mean that a putative ERISA class challenging allegedly excessive fees for a plan investment in a defined contribution plan will not be certified unless class counsel can show how each class member will receive a common increase in benefits should the claim succeed." [Tyson Foods v. Bouaphakeo, No. 14-1146 (8th Cir. Aug. 25, 2014; cert. pet. granted June 8, 2015)]

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