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CHAVEZ v. PLAN BEN. SERVICES, INC.

No. 22-50368.

108 F.4th 297 (2024)

Heriberto CHAVEZ; Evangelina Escarcega, as the legal representative of Her Son Jose Escarcega; Jorge Moreno, Plaintiffs-Appellees, v. PLAN BENEFIT SERVICES, INC.; Fringe Insurance Benefits, Incorporated; Fringe Benefit Group, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

FILED July 15, 2024.

Attorney(s) appearing for the Case

Nina Wasow (argued), Catha Worthman, Attorneys, Feinberg, Jackson, Worthman & Wasow, L.L.P., Berkeley, CA, Richard J. Burch, Houston, TX, Connie K. Chan, Eileen B. Goldsmith, Danielle Leonard, Altshuler Berzon, L.L.P., San Francisco, CA, for Plaintiffs-Appellees.

James Matthew Dow, Peter Carl Hansen, Joshua Abraham Romero (argued), Jackson Walker, L.L.P., Austin, TX, James A. Holifield, Jr. (argued), Holifield & Janich, P.L.L.C., Knoxville, TN, Jonathan Danny Neerman, Jackson Walker, L.L.P., Dallas, TX, for Defendants-Appelliants.

Meaghan McLaine VerGow, Brian David Boyle, O'Melveny & Myers, L.L.P., Washington, DC, for Amicus Curiae Chamber of Commerce of the United States of America.

Before Wiener, Stewart, and Engelhardt, Circuit Judges.

Heriberto Chavez, Evangelina Escarcega (representing her son, Jose Escarcega), and Jorge Moreno (collectively "Plaintiffs") seek to represent a class in a lawsuit against Plan Benefit Services, Fringe Insurance Benefits, and Fringe Benefit Group (collectively "FBG") for the alleged mismanagement of funds that Plaintiffs...

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