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Ninth Circuit Signals Potential Rehearing of Denial of Class Action in Charles Schwab ERISA Suit
McDermott, Will and Emery, via National Law Review Nov. 1, 2019 "At its core, the issue deals with whether an ERISA fiduciary claim is always a claim on behalf of everyone in a plan or whether a court can limit the claim to include losses to only one, or a select group, of participants. The issue also affects whether class-action waiver agreements are enforceable and, whether class actions are inherently included in every ERISA fiduciary-breach claim." [Dorman v. The Charles Schwab Corp., No. 18-15281 (9th Cir. Aug. 20, 2019; also unpub. memo. opinion)] |
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