Respondents To High Court: Fail-Safe Class Question ‘Is Not Presented Here’

(November 7, 2023, 9:48 AM EST) -- WASHINGTON, D.C. — Arguing in part that the question of whether Federal Rule of Civil Procedure 23 allows certification of a fail-safe class “is not presented here,” respondents on Nov. 6 urged the U.S. Supreme Court to deny a certiorari petition in a suit over retirement plan vesting determinations....