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How Have Dukes and Spano Changed the Game for Class Certification of ERISA Claims?, Benefits Law Journal, Vol. 25, No. 3

Autumn 2012

This article examines the impact of two recent Supreme Court and appellate decisions on ERISA class action certification. The authors examine in detail how courts approached class certification in ERISA cases pre-Dukes and Spano and how post-Dukes and Spano decisions have started to change the landscape for certifying ERISA classes. According to the authors, the "cumulative effect of these decisions" may mean "it will be harder for the ERISA plaintiffs' bar to craft and maintain viable claims on a classwide basis."