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BERKELHAMMER v. ADP TOTALSOURCE GROUP, INC.

No. 22-1618.

74 F.4th 115 (2023)

Beth BERKELHAMMER, individually and as representative of a class of participants and beneficiaries on behalf of the ADP TotalSource Retirement Savings Plan; Naomi Ruiz, individually and as representative of a class of participants and beneficiaries on behalf of the ADP TotalSource Retirement Savings Plan, Appellants v. ADP TOTALSOURCE GROUP, INC.; Automatic Data Processing, Inc.; ADP TotalSource Retirement Savings Plan Committee; NFP Retirement, Inc.; John Does 1-40.

United States Court of Appeals, Third Circuit.

Filed: July 17, 2023.

Attorney(s) appearing for the Case

Jerome J. Schlichter , Sean E. Soyars [ARGUED], Schlichter Bogard, 100 South 4th Street, Suite 1200, St. Louis, MO 63102, Counsel for Appellants.

Jenya O. Godina , Meaghan M. VerGow [ARGUED], O'Melveny & Myers, 1625 Eye Street NW, Washington, DC 20006, Kevin Kraft , Catalina J. Vergara , O'Melveny & Myers, 400 South Hope Street, 18th Floor Los Angeles, CA 90071, Counsel for Appellee NFP Retirement, Inc.

Before: SHWARTZ, MATEY, and FUENTES, Circuit Judges.

OPINION OF THE COURT

Beth Berkelhammer and Naomi Ruiz participated in the ADP TotalSource Retirement Savings Plan ("Plan"), an investment portfolio managed by NFP Retirement, Inc. ("NFP"). Displeased with NFP's performance, they filed suit under § 502(a)(2) of the Employment Retirement Income Security Act of...

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