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JOHNSON v. MERITER HEALTH SERVICES EMPLOYEE RET.

No. 12-2216.

702 F.3d 364 (2012)

Phyllis JOHNSON, et al., on behalf of themselves and all others similarly situated, Plaintiffs-Appellees, v. MERITER HEALTH SERVICES EMPLOYEE RETIREMENT PLAN and Meriter Health Services, Inc., Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided December 4, 2012.

Attorney(s) appearing for the Case

Eli Gottesdiener (argued), Attorney, Gottesdiener Law Firm, Brooklyn, NY, for Plaintiffs-Appellees.

Charles C. Jackson (argued), Attorney, Morgan, Lewis & Bockius LLP, Chicago, IL, for Defendants-Appellants.

Before POSNER, WOOD, and TINDER, Circuit Judges.

POSNER, Circuit Judge.

The district court certified this ERISA suit as a class action, and we granted the petition of the defendants (the plan and its administrator, which we'll refer to jointly as Meriter) to appeal the certification. Fed.R.Civ.P. 23(f). The original plaintiff in whose name the suit was filed was dismissed as a plaintiff on the ground that she was not an adequate class representative, Fed.R.Civ.P. 23(a)(4), because of defenses against her that are...

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