Legal Opinion

Grabek v. Northrop Grumman Corp.

Court of Appeals for the Ninth Circuit

Decided September 8, 2009No. 07-56448Published

1Opinion of the Court

*153MEMORANDUM *

Appellants, employees of the Northrop Grumman Corporation, challenge the district court’s denial of their motion for class certification in this ERISA action asserting a breach of fiduciary duty.

1. The district court abused its discretion by failing to make any findings whatsoever regarding the class certification requirements articulated in Fed.R.Civ.P. 23. See Parra v. Bashas’, Inc., 536 F.3d 975, 977-78 (9th Cir.2008) (“An abuse of discretion occurs when the district court ... omits consideration of a [Rule 23] factor ...”).

2. Although the determination of class certification…

2Cases cited3 opinions

  1. Ortiz v. Fibreboard Corp.Supreme Court of the United States · 1999
  2. Parra v. Bashas', Inc.Court of Appeals for the Ninth Circuit · 2008
  3. United States v. MurilloCourt of Appeals for the Ninth Circuit · 2008

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