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U.S. Court of Appeals for the Fourth Circuit

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Fourth Circuit holds that ERISA § 502(a)(2) claims brought in the context of a defined contribution plan are individualized monetary claims and therefore cannot be joined in a mandatory class certified under Rule 23(b)(1)

March 10, 2026

Opinion

U.S. Chamber files amicus brief urging Fourth Circuit to hold that beneficiaries of defined-contribution plans seeking individualized damages may not be certified for mandatory class treatment under Rule 23(b)(1) with no notice and opt-out opportunity

March 14, 2025

U.S. Chamber Amicus Brief

Jaime A. Santos and Jesse Lempel of Goodwin Procter LLP served as outside counsel.

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