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Individual Inquiries Predominate in 401(k) Litigation
Carlton Fields via LexologyLink to more items from this source
Dec. 28, 2015
"In denying class certification in an action against Transamerica Life Insurance Company (TLIC), the Central District of California noted that the 'sheer number of participants and plans' potentially involved in this litigation meant that 'any difference in facts or legal posture among plans is potentially multiplied by a thousandfold[.]'... [The Court] noted that its holding was limited and that '[i]f the question of evaluation of total plan expenses against total plan fees were more directly presented, or if the class more narrowly drawn (so that individualized inquiries, even if present, would not overwhelm common questions), the holding might well be different.' " [Santomenno v. Transamerica, No. CV 12-02782 (C.D. Cal. Aug. 28, 2015)]

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