The decision to grant or deny class certification is usually the most pivotal aspect of a putative class action. A denial of class certification frequently disposes of the case.
In Carfora v. Teachers Ins. Annuity of America, the court held a service provider for employer sponsored retirement plans was not liable as fiduciary under ERISA when using participant information to encourage roll over assets into its more expensive account program.
A New York federal court recently held that a service provider for employer-sponsored retirement plans was not liable as a fiduciary under the Employee Retirement Income Security Act.
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