A federal judge has declined to reconsider her ruling that a putative class action lawsuit filed by a couple that claims the investment firm Vanguard overcharged them on share commissions by 250 percent can move forward on a breach of contract claim.

U.S. District Judge Cynthia Rufe of the Eastern District of Pennsylvania again refused to dismiss Alex and Orit Taksir's case against Vanguard. While allowing the breach of contract claim to go through, Rufe already had tossed the Unfair Trade Practices and Consumer Protection Law claim.

Rufe did say, however, that Vanguard should be allowed an immediate appeal to the U.S. Court of Appeals for the Third Circuit.