Close Menu
Your Life After RetirementYour Life After Retirement
  • Home
  • Retirement News
  • Lifestyle
  • Fitness
  • Wellness
  • Senior Health
  • Finance
  • Medicare & Insurance
Top Post

Is Your Gut Healthy? How to Tell

July 28, 2026

Coach Promo Codes for July 2026

July 28, 2026

Apartment owner’s lawsuit accuses Topa of underpaying Hurricane Beryl claim

July 28, 2026
Facebook X (Twitter) Instagram
Trending
  • Is Your Gut Healthy? How to Tell
  • Coach Promo Codes for July 2026
  • Apartment owner’s lawsuit accuses Topa of underpaying Hurricane Beryl claim
  • AI Is Slowly Killing Index Fund Diversification
  • Trump Accounts to Boost Kids’ Financial Know-How, per Bessent
  • Adductor Training May Be the Legday Solution for Strength, Mobility, and Injury Prevention
  • 15 Pre-Fall Staples Fashion People Are Buying From the Nordstrom Anniversary Sale
  • 4 Technical Tools to Read Stock Market Charts Like the Pros
Wednesday, July 29
Your Life After Retirement
  • Home
  • Retirement News
  • Lifestyle
  • Fitness
  • Wellness
  • Senior Health
  • Finance
  • Medicare & Insurance
Your Life After Retirement
Home»Retirement News»Appeals Court Stands by Class Certification Denial in 401(k) Case
Retirement News

Appeals Court Stands by Class Certification Denial in 401(k) Case

yourlifeafterretirementBy yourlifeafterretirementJune 9, 2026
Appeals Court Stands by Class Certification Denial in 401(k) Case
Share
Facebook Twitter LinkedIn

The U.S. 4th Circuit Court of Appeals declined a motion to rehear a 401(k) fiduciary breach case against Genworth Financial Inc. that could limit class actions in complaints against defined contribution plans.

The plaintiffs in Trauernicht v. Genworth Financial Inc. filed a petition in April requesting an en banc hearing in the case, following the March decision by a three-judge panel rejecting class certification. The panel ruled that the plaintiffs’ claims were too individualized to proceed as a mandatory class action.

Never miss a story — sign up for PLANADVISER newsletters to keep up on the latest retirement plan adviser news. 

The plaintiffs, in appealing to the full appellate panel, claimed the 4th Circuit’s initial ruling represented a fundamental misinterpretation of the Employee Retirement Income Security Act and failed to account for Supreme Court precedent and the law as it has been interpreted in every other circuit court in the U.S., according to their request for a rehearing.

Case Background

According to the original complaint, BlackRock target-date funds that were options on the plan investment menu underperformed comparable options such as Vanguard, Fidelity, T. Rowe Price and American Funds. The plaintiffs sought to recover alleged investment losses from the plan’s continued use of BlackRock funds.

The U.S. District Court for the Eastern District of Virginia certified a class of participants whose accounts were invested in the BlackRock LifePath Index Funds from August 1, 2016, to the judgment date. The court found class certification appropriate under Rule 23(b)(1), as ERISA fiduciary-breach actions are brought on behalf of the plan.

Genworth requested interlocutory review, and the 4th Circuit agreed to hear the appeal of the class certification in 2024.

Writing for the three-judge panel, U.S. Circuit Court Judge Paul Niemeyer noted that defined contribution plans make participants’ claims inherently individualized, as each participant’s retirement benefit depends on the performance of their individual account—unlike defined benefit plans, in which assets are pooled and benefits are fixed.

In response to the plaintiffs’ petition for a rehearing, Genworth Financial argued the court should reject it, since many plaintiffs benefited from investing in BlackRock funds, while only some participants saw losses in certain years.

With the 4th Circuit’s full bench rejecting the rehearing request, the litigation returns to the district court, where the plaintiffs may attempt to certify a class under a different rule—one that would require notice to class members and allow them to opt out.

Tags

Reported by

Reprints

Please contact Industry Intel at Industry Intel.

401k Appeals Case Certification Class Court Denial Stands
Share. Facebook Twitter Pinterest LinkedIn Email
Previous Article3 Best Leg Exercises for Men Over 50
Next Article These Hidden Benefits of Coupon Clipping Could Save You Tons
yourlifeafterretirement
  • Website

Related Posts

Retirement News

Trump Accounts to Boost Kids’ Financial Know-How, per Bessent

July 28, 2026
Retirement News

DOL Amicus Brief Supports Dismissal of SAS Plan Forfeiture Suit

July 28, 2026
Retirement News

How Much Would A Public Long-Term Care Insurance Program Cost?

July 28, 2026
Add A Comment
Leave A Reply Cancel Reply

Top Posts

How much should you pay for an ethically made T-shirt? | Ethical and green living

June 4, 20260 Views

Is AI Better for Patients?

June 4, 20260 Views

June Tax Deadlines and IRS Refund Status: What Taxpayers Need to Know This Month

June 4, 20260 Views

15-Minute Yoga for a Full-Body Stretch

June 4, 20260 Views
Most Popular

No One Likes Medicare Advantage

June 4, 202610 Views

Medicare GLP-1 Bridge Program to Offer Weight Loss Drugs for Just $50 per Month

June 26, 20269 Views
Trending

Alyssa McElheny’s HYROX Tips for Athletes with a Running Background

June 4, 2026

The Muscle-Building Starter Pack: Train Hard, Eat Enough, Recover Right

June 4, 2026
Latest post

Is Your Gut Healthy? How to Tell

July 28, 2026

Coach Promo Codes for July 2026

July 28, 2026
Facebook X (Twitter) Instagram YouTube LinkedIn
  • About Us
  • Contact Us
  • Privacy Policy
  • Terms and Conditions
yourlifeafterretirement All Rights Reserved 2026

Type above and press Enter to search. Press Esc to cancel.