ERISA Class Actions
In ERISA litigation, plaintiffs often file motion for class certification based on the arguments that common evidence can be used to demonstrate that all proposed class members were harmed by the defendant’s alleged harmful conduct and that a common methodology can be used to calculate damages for each of the proposed class members.
Our work in defending against class certification in ERISA matters includes:
- Assessing the variation in the evidence relevant to determining whether proposed class members were affected by the defendant’s alleged conduct
- Establishing that there is significant variation across proposed class members in relevant characteristics
- Examining whether all members of the proposed class suffered economic damages based on the common methodology proposed by plaintiffs
- Demonstrating that the named plaintiffs are not representative of the proposed class