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Class Certification Denied in ERISA Health Coverage Lawsuit
McDermott Will & Emery Link to more items from this source
Nov. 6, 2019

"The plaintiffs sought a class action on behalf of all participants who were promised the lifetime health benefit.... The court ... found that there were too many individualized questions for the case to be handled on a class-wide basis. The claims inherently involved questions about what the plan told which participants and when, which the Court characterized as 'scattered' questions about supposed statements without a 'uniform message.' " [Fitzwater  v. Consol Energy, Inc., Nos. 16-9849 and 17-3861 (S.D. W. Va. Oct. 15, 2019)]

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