"The Fifth Circuit noted a circuit split on how to handle a 'disjuncture' between a named plaintiff's alleged injury and the injuries of unnamed class members.... The Fifth Circuit opted not to choose a side on the split, instead concluding that the plaintiffs' allegations were adequate to support standing under either approach.... [T]he named plaintiffs and their unnamed class members suffered from essentially the same injuries and had the exact same interest: 'the return of trust funds that each plaintiff would otherwise have been entitled to if [the defendants] had not violated ERISA.' " [Chavez v. Plan Benefit Services, Inc., et al, No. 22-50368 (5th Cir. Aug. 11, 2023)]

MORE >>