U.S. Chamber’s ‘Unique’ Court Strategy Targets 401(k) Fee Cases

March 17, 2022, 9:30 AM UTC

The U.S. Chamber of Commerce has ramped up its legal campaign punching back against the expansion of proposed class actions challenging 401(k) plan fees.

The organization filed amicus briefs in a trio of cases in late February and early March urging federal district courts to dismiss claims against companies brought under the Employee Retirement Income Security Act. That followed a similar burst of briefs filed in three ERISA cases at the motion-to-dismiss stage last fall.

“This is unique,” said Ruben Garcia, a labor and employment law professor at the University of Nevada-Las Vegas who’s written about amicus brief strategy. ...

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