Advocates for Labor and Progressive Institutions

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News

Second Circuit affirms judgment in ERISA class action, sustaining class-wide relief without proof of reliance

July 6, 2017

In Osberg v. Foot Locker, Inc., 862 F.3d 198 (2d Cir. 2017), the Second Circuit Court of Appeals rejected employer arguments that would have made it far more difficult to obtain class relief in employee-benefits cases under the Employee Retirement Income Security Act, holding that reformation of a pension plan document and monetary relief to a class composed of pension plan participants and beneficiaries did not require proof that each individual class member relied on a mistaken understanding of the plan. The Court sustained a class-wide judgment based on generalized evidence, where the trial court had found that the employer deliberately misled the plan’s participants about a crucial aspect of the plan. Bredhoff & Kaiser represented the class on appeal.