Jennifer SWEDA; Benjamin A. Wiggins; Robert L. Young; Faith Pickering; Pushkar Sohoni; Rebecca N. Toner, individually and as representatives of a class of participants and beneficiaries on behalf of the University of Pennsylvania Matching Plan, Appellants
v.
UNIVERSITY OF PENNSYLVANIA; Investment Committee; Jack Heuer.
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Brian T. Ortelere [ARGUED], Morgan Lewis & Bockius, 1701 Market Street, Philadelphia, PA 19103, Christopher J. Boran , Matthew A. Russell , Morgan Lewis & Bockius, 77 West Wacker Drive, Chicago, IL 60601, Michael E. Kenneally , Morgan Lewis & Bockius, 1111 Pennsylvania Avenue, N.W., Suite 800 North, Washington, DC 20004, Counsel for Appellees.
Brian T. Burgess , Jaime A. Santos , Goodwin Procter, 901 New York Avenue, NW, Suite 900 East, Washington, DC 20001, Alison V. Douglass , James O. Fleckner , Goodwin Procter, 100 Northern Avenue, Boston, MA 02210, Counsel for Chamber of Commerce of The United States of America and American Benefits Council, Amicus Appellees.
Brian D. Netter , Mayer Brown, 1999 K Street, N.W., Washington, DC 20006, Counsel for American Association of State Colleges and Universities, American Council on Education, Association of American Universities, Association of Community College Trustees, Association of Public and Land-Grant Universities, College and University Professional Association For Human Resources, Council of Independent Colleges, National Association of Independent Colleges and Universities, Amicus Appellees.
Lori A. Martin , WilmerHale, 7 World Trade Center, 250 Greenwich Street, New York, NY 10007, Seth P. Waxman , Paul R. Wolfson , WilmerHale, 1875 Pennsylvania Avenue, N.W., Washington, DC 20006, Counsel for Teachers Insurance & Annuity Association of America, Amicus Appellee.
Before: SHWARTZ, ROTH, and FISHER, Circuit Judges.
OPINION OF THE COURT
FISHER, Circuit Judge.
Plaintiffs Jennifer Sweda, Benjamin Wiggins, Robert Young, Faith Pickering, Pushkar Sohoni, and Rebecca Toner, representing a class of participants in the University of Pennsylvania's 403(b) defined contribution, individual account, employee pension...
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