Typicality Argued To 3rd Circuit In Class Certification Row Over 401(k) Funds

Mealey's (September 9, 2021, 9:48 AM EDT) -- PHILADELPHIA — Participants in a 401(k) plan say that although they have not invested in all of the funds challenged under the Employee Retirement Income Security Act, their claims are typical of the class because the claims “arise out of the fiduciaries’ uniform conduct directed at the plan as a whole”; their Sept. 1 appellees’ brief of an interlocutory appeal before the Third Circuit U.S. Court of Appeals urges the court to uphold a federal judge in Pennsylvania’s grant of class certification....