Reversing Class Certification Denial, D.C. Circuit Addresses Fail-Safe Rule

Mealey's (April 5, 2023, 1:19 PM EDT) -- WASHINGTON, D.C. — Rejecting “a rule against ‘fail-safe’ classes as a freestanding bar to class certification ungrounded in” the criteria of Federal Rule of Civil Procedure 23, a District of Columbia U.S. Court of Appeals panel on April 4 reversed and remanded denial of class certification in a suit over retirement plan vesting determinations....