Updated
Updated · Pensions & Investments · Jul 14
Federal Appeals Court Bars Class Actions in Defined Contribution ERISA Suits, Weakening Many Breach Claims
Updated
Updated · Pensions & Investments · Jul 14

Federal Appeals Court Bars Class Actions in Defined Contribution ERISA Suits, Weakening Many Breach Claims

3 articles · Updated · Pensions & Investments · Jul 14

Summary

  • A federal appeals court ruled that class-action challenges cannot be used against defined contribution plans in ERISA lawsuits, undercutting a common tactic in fiduciary-breach cases.
  • That ruling targets the economics of these suits because plaintiffs have often relied on class treatment to aggregate claims and make litigation financially viable.
  • Defense lawyers said the decision weakens incentives to bring many ERISA fiduciary-breach lawsuits, potentially narrowing one of the most active avenues for retirement-plan litigation.
  • The decision could reshape how participants challenge plan management, pushing future disputes over defined contribution plans toward more individualized claims.

Insights

As courts shield 401(k)s from class actions, are savers left unprotected from the risks of new private equity investments?
Why are some pension funds adding private assets while others are fleeing, citing poor returns and a weakening economy?