Duane Morris Class Action Review - 2023 - Report - Page 190
As discussed in this Chapter, while litigators on both sides of the aisle anticipated that
the U.S. Supreme Court’s decision in Hughes, et al. v. Northwestern University, 142
S.Ct. 737 (2022), would clarify the pleading standards in these cases, it ultimately failed
to do so.
Without additional guidance from the Supreme Court, these and other battles and
strategies continue to play out in courts across the country, which issued a number of
significant rulings in ERISA class action cases in 2022. Beyond challenges to the
sufficiency of plaintiffs’ allegations, plaintiffs continued to have success fending off
defense challenges to standing and the satisfaction of Rule 23(a)’s commonality,
typicality, and adequacy requirements based on factual difference between the
representative and class claims.
Courts also issued conflicting decisions on the enforceability of mandatory arbitration
and class action waiver provisions with respect to ERISA claims, despite the spate of
recent Supreme Court decisions upholding the enforceability of such provisions in
employment and other contexts.
ERISA class action litigation remains an active area with significant financial upside for
the plaintiffs’ bar and high defense and settlement costs for defendants.
Absent clarifying guidance from the Supreme Court on a number of contested issues in
the space, it is likely to remain so.
II.
Significant Rulings In ERISA Class Actions In 2022
In 2022, the plaintiffs’ bar was successful in obtaining class certification 78% of the time,
with 18 of 23 total motions being granted by the courts.
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Duane Morris Class Action Review – 2023
