Judge Patricia Millett of the U.S. Court of Appeals for the D.C. Circuit. Photo by Diego M. Radzinschi/ALM DC Circuit Opinion Highlights Divide Over Rule Against 'Fail-Safe' Class Definitions
In the underlying case, two Hilton employees and one relative of a deceased employee sued Hilton Hotels Retirement Plan over allegedly unlawfully denied vested retirement benefits.
April 06, 2023 at 05:03 PM
4 minute read
The U.S. Court of Appeals for the D.C. Circuit deepened a divide among circuits on Tuesday by holding that judges can't deny class certification based only on a rule against "fail safe" class definitions, or when membership hinges on the case's outcome on the merits.
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