While the U.S. Court of Appeals for the Fourth Circuit’s recent class action decision in Trauernicht v. Genworth Financial Inc., No. 24-1880, – F.4th –, 2026 WL 667917 (4th Cir. Mar. 10, 2026), involves an ERISA retirement plan, the decision is useful well beyond that context. The decision highlights that: (1) mandatory (no opt-out)
Rules Enabling Act Key to New Ninth Circuit Decision on Class Certification
By Wystan Ackerman on
Posted in Class Certification Standards, ERISA
A sometimes-overlooked aspect of class action law is how class certification rules interact with the Rules Enabling Act, which provides that rules of procedure and evidence “shall not abridge, enlarge or modify any substantive right.” 28 U.S.C. § 2072(b). Some class actions attempt to use the class action device to evade obstacles to obtaining individual…
Supreme Court Decision on ERISA Statute of Limitations May Help Defendants Defeat Class Certification
By Wystan Ackerman on
Posted in ERISA
Believe it or not, the Supreme Court of the United States just decided whether “to have ‘actual knowledge’ of a piece of information, one must in fact be aware of it.” The Court said “yes,” and it was unanimous. Most non-lawyers (and even some lawyers) would probably be surprised that this issue was even being…