IN RE FIDELITY ERISA FEE LITIGATION

No. 20-1286.

990 F.3d 50 (2021)

IN RE: FIDELITY ERISA FEE LITIGATION Andre W. Wong, on behalf of the T-Mobile USA, Inc. 401(k) Retirement Savings Plan and Trust and on behalf of all other similarly situated Employee Benefit Plans; Janice Andersen; Jason Bailis; Natalie Donaldson; Cynthia Eddy; Myrl Jeffcoat; Thomas Goodrich; Kayla Jones; Karen Pettus; Gina Summers; Heather Woodhouse; Regina Crystal Robinson, on behalf of the T-Mobile USA, Inc. 401(k) Retirement Savings Plan and Trust and on behalf of all other similarly situated Employee Benefit Plans; Tyler Wayne Sills, on behalf of the T-Mobile USA, Inc. 401(k) Retirement Savings Plan and Trust and on behalf of all other similarly situated Employee Benefit Plans; Cateenia D. Johnson, on behalf of the T-Mobile USA, Inc. 401(k) Retirement Savings Plan and Trust and on behalf of all other similarly situated Employee Benefit Plans, Plaintiffs, Appellants, Board of Trustees of UFCW Local 23 & Giant Eagle Pension Fund, Plaintiff, v. FMR LLC; Fidelity Management & Research Company; Fidelity Management Trust Company; Fidelity Brokerage Services LLC; National Financial Services LLC; Fidelity Investments Institutional Operations Company, Inc., Defendants, Appellees, John and Jane Does 1-10, Defendants.

United States Court of Appeals, First Circuit.

March 5, 2021.


Attorney(s) appearing for the Case

Alec J. Berin , with whom James E. Miller , Laurie Rubinow , Chester, CT, Shepherd, Finkelman, Miller & Shah, LLP, David Pastor , and Pastor Law Office were on brief, for appellants.

Bradley N. Garcia , with whom Jonathan D. Hacker , Washington, DC, Brian D. Boyle , and O'Melveny & Myers LLP were on brief, for appellees.

Before Kayatta and Barron, Circuit Judges, and Smith, District Judge.


The plaintiffs in this putative class action are participants in 401(k) retirement plans sponsored by their respective employers. They train our attention on fees that the defendant, Fidelity,1 charges some mutual funds for the privilege of being placed on the menu of investment options Fidelity...

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