U.S. Court of Appeals for the Seventh Circuit

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Case Updates

Seventh Circuit overturns decision denying certification of pension fund class action

August 07, 2013

The Seventh Circuit reversed the district court’s class certification decision.

U.S. Chamber files amicus brief

February 20, 2013

The U.S. Chamber urged the Seventh Circuit to affirm the district court's class certification decision. The Chamber argued in its amicus brief that a plaintiff should not be able to use class certification proceedings to import a theory of liability that it could not pursue on the merits and that a class definition cannot be based on criteria that bear no connection to the claims that will proceed on the merits.The Chamber also argued that a fund's performance must be evaluated based on its own disclosures, not on whether it performed consistently with other funds with similar labels.

Linda Coberly and Gene Schaerr of the law firm Winston & Strawn LLP served as the Litigation Center's co-counsel on the brief.

Case Documents