On June 1, 2022, the Third Circuit affirmed the class certification order in this ERISA case. This was a setback for WLF, which filed an amicus brief in the case  arguing that the named plaintiffs lacked Article III standing. The Supreme Court’s recent standing precedent is clear: Class representatives must have standing to pursue claims on behalf of a class. The decision, however, allows 401(k) plan participants to sue about investments they did not make. WLF’s brief explained that, although the named plaintiffs had standing to challenge fees charged for their investments, they lacked standing to sue for charges affecting other investment options.


WLF brief