Topics
- E-Discovery Case Law
- Privacy
- Social Media
- Taxation
- Real Estate Impact Fee
- Construction Litigation
- Sanctions
- Electronic Data Discovery
- E-Discovery
- Antitrust
- Federal Rule 23.1
- Bet-the-Company Litigation
- Stock Drop
- Litigation
- Class Action Litigation
Contributors
Subscribe to RSS
Recent Posts
- Court Rules on Social Media Sites' Privacy Settings
- Impact Fee or Illegal Tax?
- "Massive" E-Discovery Failures Result in $8.5 Million Sanction
- Strategic Defense in Criminal Antitrust Case Can Impact Civil Class Action Case Outcomes
- Class Actions Unconstitutional?
- Justice Sotomayor Speaks!
- ERISA and Federal Rule 23... Point 1
- Summary of ERISA "Excessive Fees" Litigation in 15 Minutes
- You Have to Love a Great Opening Line!
- What in the World Is Barratry and Why Do I Care?
Other KMK Blogs
ERISA and Federal Rule 23... Point 1
In an ERISA case pending in the Northern District of Illinois involving breach of fiduciary duty and prohibited transaction claims, the plaintiffs filed a motion asking the court to allow them to proceed in a representative capacity on behalf of the plan under ERISA section 502(a)(2) rather than require them to certify a class under Federal Rule 23. The District Court in Chicago denied that motion based on the defendants' opposition, and suggested that the case proceed, not as a class action under Federal Rule 23, but as a "derivative action" under Federal Rule 23.1.
TAGS: Bet-the-Company Litigation, Class Action Litigation, Federal Rule, Federal Rule 23.1, Litigation
CONTACT:
David T. Bules,
Michael L. Scheier