6th Circ. Nixes Class Cert. In Blue Cross ERISA Suit

Law360, New York (August 12, 2011, 4:00 PM EDT) -- The Sixth Circuit on Friday reversed certification of a class of self-insurers suing Blue Cross Blue Shield of Michigan for allegedly breaching its fiduciary duty under the Employee Retirement Income Security Act by charging fees that shouldn't have applied to their funds.

A three-judge panel ruled that a district court abused its discretion in granting certification under Federal Rule of Civil Procedure 23(b)(3) because the named plaintiff, the Pipefitters Local 636 Insurance Fund, couldn't show that a class action was a superior method of handling the...
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