B. Braun Medical Ex-Workers Fight To Save 401(k) Fee Dispute

Law360 (January 4, 2021, 7:37 PM EST) -- Four former B. Braun Medical Inc. employees urged a Pennsylvania federal judge to preserve their challenge to the company 401(k) plan's fees, arguing Monday that a recent ruling undermines the medical device manufacturer's bid to toss their proposed ERISA class action.

The ex-workers lodged a notice of supplemental authority pointing to a decision not to dismiss an "analogous" Employee Retirement Income Security Act suit against Evonik Corp., claiming that ruling meant U.S. District Judge Edward G. Smith should reject B. Braun Medical's attempt to sink their case. 

"Plaintiffs' complaint here alleges near analogous — if not identical — facts, comparisons to specific...

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