Hilton Hotel Retirees Get New Chance for Pension Vesting Class

Hilton Hotels retirees challenging how the company ran its pension plan will get another chance to have their case certified as a class action after the D.C. Circuit on Tuesday declined to adopt a rule against “fail-safe” classes.

The district judge who declined to certify the case as a class action applied an “extra-textual” rule against fail-safe classes, rather than applying the factors set forth in Federal Rule of Civil Procedure 23(a), the US Court of Appeals for the District of Columbia Circuit held. The court reversed the ruling and instructed the district court to reconsider whether to certify ...