DC Circ. Says Georgetown ERISA Suit Isn't Over

Law360 (February 9, 2021, 6:04 PM EST) -- A split D.C. Circuit panel revived a proposed class action Tuesday that accused Georgetown University of mismanaging its workers' retirement savings, saying the plan participants behind the case should have gotten a chance to revise their claims and prompting a spirited dissent that quoted "Alice In Wonderland."

Tuesday's 2-1 ruling said a district court docket entry that labeled Darrell Wilcox and Michael McGuire's Employee Retirement Income Security Act case as closed didn't necessarily mean a January 2019 decision dismissing the case for lack of standing was final.

"The district court's skepticism about aspects of appellants' case was confined to the factual...

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