Tort Firm Fights Class Rep Status In Suit Over 401(k) Fees

Law360 (August 14, 2019, 3:44 PM EDT) -- Andrus Wagstaff PC has urged an Ohio federal judge not to appoint it as the representative for a proposed defendant class of more than 7,000 plan sponsors in a suit accusing Nationwide of intentionally overcharging the firm’s 401(k) plan and others for record-keeping services, saying the defense costs would be unbearable.

The national mass tort law firm said in its opposition to class certification Tuesday that it wouldn’t be able to adequately serve as a class representative in Theresa Brown’s Employee Retirement Income Security Act suit against it and Nationwide Life Insurance Co.

Brown, a participant in Andrus Wagstaff's 401(k) plan,...

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