T-Mobile Workers Ask 1st Circ. For New Shot At ERISA Suit

Law360 (November 17, 2020, 6:14 PM EST) -- T-Mobile employees urged the First Circuit to revive their proposed class action accusing retirement plan manager Fidelity of taking kickbacks from mutual funds, claiming Fidelity lodged an incoherent brief in an attempt to "confuse" the appeals court.

The workers told the court Monday that they should get a second shot at their suit that accuses Fidelity of violating the Employee Retirement Income Security Act by engaging in a pay-to-play scheme that involved charging kickbacks disguised as "infrastructure fees" to mutual funds that wanted to be on workers' roster of 401(k) options.

The employees said the district court dropped the ball when...

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