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BOLEY v. UNIVERSAL HEALTH SERVICES, INC.

No. 21-2014.

36 F.4th 124 (2022)

Mary K. BOLEY; Kandie Sutter; Phyllis Johnson, Individually and as representatives of a class of similarly situated persons, on behalf of the Universal Health Services, Inc. Retirement Savings Plan v. UNIVERSAL HEALTH SERVICES, INC.; Universal Inc.; The UHS Retirement Plans Investment Committee; Does 1-10, Whose Names Are Currently Unknown Universal Health Services, Inc. and Health Universal Health Services, Inc. Retirement Plans Investment Committee, Appellants.

United States Court of Appeals, Third Circuit.

Filed: June 1, 2022.

Attorney(s) appearing for the Case

Deborah S. Davidson , Morgan Lewis & Bockius, 110 North Wacker Drive, Suite 2800, Chicago, IL 60606, Michael E. Kenneally [ARGUED], Morgan Lewis & Bockius, 1111 Pennsylvania Avenue, N.W., Suite 800 North, Washington, DC 20004, Matthew D. Klayman , Brian T. Ortelere , Morgan Lewis & Bockius, 1701 Market Street, Philadelphia, PA 19103, Sean K. McMahan , Morgan Lewis & Bockius, 1717 Main Street, Suite 3200, Dallas, TX 75201, Counsel for Appellants.

John M. Masslon, II , Washington Legal Foundation, 2009 Massachusetts Avenue, N.W., Washington, DC 20036, Counsel for Amicus Appellant.

Alec Berin , James C. Shah , Miller Shah , 1845 Walnut Street, Suite 806, Philadelphia, PA 19103, James E. Miller [ARGUED], Miller Shah , 65 Main Street, Chester, CT 06412, Mark K. Gyandoh , Gabrielle P. Kelerchian , Capozzi Adler , 312 Old Lancaster Road, Merion Station, PA 19066, Donald R. Reavey , Capozzi Adler , 2933 North Front Street, Harrisburg, PA 17110, Counsel for Appellees.

Before: GREENAWAY, JR., SCIRICA and COWEN, Circuit Judges.

OPINION OF THE COURT

In this interlocutory appeal, fiduciaries of a retirement plan appeal the District Court's certification of a class of participants who allege the fiduciaries breached their duty under the Employee Retirement Income Security Act of 1974 ("ERISA"). At issue in this case is whether the typicality...

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