The significant ERISA decisions in 2022 can be grouped in several categories,including: (i) rulings on motions to dismiss class action claims; (ii) motions to compelarbitration and enforce class action waivers; (iii) challenges to fail-safe classes; (iv)rulings granting class certification over standing and related challenges; (v) rulingsgranting certification of modified classes due to standing issues; and (vi) other classcertification decisions.A.Rulings On Motions To Dismiss Class Action ClaimsIn 2022, federal courts frequently addressed motions to dismiss ERISA class actioncomplaints for failure to state a claim under Rule 12(b)(6). Although these rulings do notdirectly address class certification, they are central to both sides’ litigation strategy and,as a practical matter, can be outcome determinative. A loss for the defendant at thisstage will open the door to extensive and costly discovery. Capitalizing on that prospect,the plaintiffs’ bar will often seek to settle the matter quickly for less than the defendants’costs to defend the class action.Claims concerning breaches of the fiduciary duties of prudence and loyalty representthe largest category of ERISA class actions. These claims generally allege one or moretheories, such that defendants chose poor investments, that they retainedunderperforming actively-managed funds, that they charged excessive recordkeeping190© Duane Morris LLP 2023Duane Morris Class Action Review – 2023
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