Anthony Abbott v. Lockheed Martin Corporation
Court of Appeals for the Seventh Circuit
1Opinion of the Court
WOOD, Circuit Judge.
In Spano v. Boeing Co., 633 F.3d 574 (7th Cir.2011), we confronted for the first time the question whether an action for breach of fiduciary duty under Section 502(a)(2) of the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1132(a)(2), may be maintained as a class action when a defined-contribution retirement savings plan is at issue. We concluded in Spano that the answer was “maybe.” The proposed classes before us in that case, however, were too broad to meet the certification requirements of Federal Rule of Civil Procedure 23. Spa-no thus left for…
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