ERISA Class Action Watch

Judge Harold Baer, S.D.N.Y., has partially granted the motion for class certification in the suit against the J.P. Morgan Chase cash balance plan. Notably, Judge Baer excluded all proposed class members who had already received their distribution because, as he reasoned, they lack standing under ERISA. This holding is in direct conflict with recent decisions by the 3rd, 6th, and 7th Circuit Court of Appeals.

• JP Morgan Cash Balance Class Certification Order
• JP Morgan Cash Balance Class Certification Reconsideration