Stephens v. Pension Benefit Guaranty Corp.

Opinion for the Court filed by Circuit Judge BROWN.

BROWN, Circuit Judge:

When a group of U.S. Airways pilots hung up their wings over a decade ago, they expected prompt payment of their retirement benefits. When payment was delayed 45 days, Appellants filed a class action on behalf of themselves and similarly situated pilots seeking interest for the period of delay. The district court refused to certify a class, holding that James Stephens’s claim is not typical of the claims of the rest of the putative class because only Stephens exhausted internal plan remedies before filing suit under the…