Forum

U.S. Supreme Court

Case Status

Decided

Docket Number

Term

Cert. Denied

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Questions Presented

1. Whether it fiolates Federal Rule of Civil Procedure 23(b)(3), the Rules Enabling Act, and due process to certify a class and uphold a classwide judgment where the claims or defenses raise individualized questions about each class member’s knowledge of the defendant’s alleged statutory violation.

2. Whether detrimental reliance is an element of a claim for breach of fiduciary duty under Section 404(a) of ERISA.

Case Updates

Cert. petition denied

February 20, 2018

U.S. Chamber urges Supreme Court to grant review to decide whether detrimental reliance is an element of a claim for breach of fiduciary duty under ERISA

December 11, 2017

Click here to view the amicus brief filed jointly by the U.S. Chamber, American Benefits Council, and Retail Litigation Center, Inc.

Meaghan Vergow and Aaron Henson of O'Melveny & Myers LLP served as co-counsel for the amici.

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