Massive Fringe Benefit ERISA Class Reaffirmed With Opt-Outs

A suit that originally covered more than 200,000 workers serviced by Fringe Benefit Group stayed alive Monday, when the Fifth Circuit said the case can remain a class action if members have the opportunity to opt out.

The US Court of Appeals for the Fifth Circuit withdrew and replaced its 2023 decision allowing the lawsuit over Fringe’s administrative fees to be litigated as a certified class action covering more employees across thousands of benefit plans managed by the company. The case can remain a class action, the court said in its new opinion, but only under the federal criteria ...