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U.S. Court of Appeals for the Ninth Circuit

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January 26, 2023

After a petition for rehearing, the Ninth Circuit vacated its earlier panel decision and held that class-action plaintiffs had standing to pursue a novel ERISA claim seeking reprocessing of benefits decisions but class certification was improper and their claim failed on the merits.

Ninth Circuit concludes that class-action plaintiffs had standing to pursue a novel ERISA claim seeking reprocessing of benefits decisions but that their claim failed on the merits

March 22, 2022

Click here to view the opinion.

U.S. Chamber files amicus brief opposing certification of a class containing members who suffered no injury but seek to pursue a novel theory of procedural harm under ERISA

April 14, 2021

Click here to view the Chamber ’s amicus brief. Andrew J. Pincus, Archis A. Parasharami, Daniel E. Jones, and Avi M. Kupfer of Mayer Brown LLP and the U.S. Chamber’s Litigation Center served as co-counsel for the U.S. Chamber.

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