Sears Seeks To Split Claims In ERISA Action

Law360, New York (October 13, 2009, 6:06 PM EDT) -- In an attempt to address the allegations of named and unnamed plaintiffs separately, Sears Holdings Corp. has moved to bifurcate an Employee Retirement Income Security Act class action brought by workers claiming they lost benefits when transitioned to a Sears home improvement subsidiary.

In an emergency motion filed Monday in the U.S. District Court for the Eastern District of Michigan, Sears asked the court to split up its determination on the merits of claims brought by class representatives, as well as their allegation of procedural irregularities,...
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