Case Updates
Second Circuit upholds decision certifying an ERISA fiduciary breach class action
July 06, 2017
Click here to view the opinion.
U.S. Chamber files an amicus brief
February 23, 2016
The U.S. Chamber joined with the American Benefits Council and the ERISA Industry Committee to file an amicus brief urging the Second Circuit to reverse a decision certifying an ERISA fiduciary breach class action and granting relief to plaintiffs without requiring individualized proof of detrimental reliance and by improperly addressing plaintiffs’ statute of limitations problem. The brief argues that the district court’s failure to require proof of detrimental reliance threatens the health and stability of ERISA plans. The brief further argues that the district court’s erroneous interpretation of the constructive-notice standard undermines employer-sponsored retirement plans and erroneously conflates constructive notice with subjective understanding.
Evan Miller and Lauren Pardee Ruben of Jones Day served as counsel for the amici.
Case Documents
- Order -- Osberg v. Foot Locker (U.S. District Court).pdf
- Opinion and Order -- Osberg v. Foot Locker (U.S. District Court).pdf
- Corrected Opinion and Order -- Osberg v. Foot Locker (U.S. District Court).pdf
- Brief and Special Appendix for Defendants-Appellants -- Osberg v. Foot Locker (Second Circuit).pdf
- U.S. Chamber Amicus Brief -- Osberg v. Foot Locker (Second Circuit).pdf
- Opinion -- Osberg v. Foot Locker (Second Circuit).pdf