Bloomberg Law
Nov. 4, 2019, 3:01 PM

Fidelity Workers Oppose Two-Part Trial in 401(k) Fee Class Suit

Jacklyn Wille
Jacklyn Wille

A recent effort by FMR LLC, the parent company of Fidelity Investments, to put limits on a trial over its 401(k) plan is an unfair attempt to avoid “self-inflicted prejudice,” plan participants told the U.S. District Court for the District of Massachusetts.

Fidelity’s request to split the trial into two phases “is less about potential juror confusion and more about unfairly insulating Fidelity from highly damaging testimony from one of its own experts,” the participants said in a Nov. 1 opposition brief.

The dispute is fallout from Judge William G. Young’s order denying the plan participants’ request for a jury ...

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