US Bank Retirees Can't Get Class Cert. In Minn. ERISA Suit

Law360 (May 18, 2021, 5:06 PM EDT) -- A group of about 3,300 U.S. Bank retirees can't get class certification in an Employee Retirement Income Security Act lawsuit claiming they were shortchanged on early retirement benefits, a Minnesota federal judge ruled Tuesday.

In an order denying the certification bid, U.S. District Judge Paul A. Magnuson pointed to the retirees' expert's finding that roughly 250 of the proposed class members actually received adequate benefits. Therefore, "because some class members were not injured, the class is not similarly situated" enough to qualify for certification, he wrote.

If the retirees wanted Judge Magnuson to turn their case into a class action, they...

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