Forum
U.S. Court of Appeals for the Fifth Circuit
Case Status
Docket Number
Case Updates
Fifth Circuit grants panel rehearing and reverses in part the certification of a participant-led, multi-plan ERISA class action, concluding that this action for damages should not have been certified under Rule 23(b)(1) and that the district court must further consider administrability on remand
July 15, 2024
U.S. Chamber files amicus brief urging Fifth Circuit to rehear en banc a decision certifying a participant-led, multi-plan ERISA class action
September 18, 2023
Click here to view the brief.
Brian D. Boyle, Deanna M. Rice, and Alexander R. Reed of O'Melveny & Myers LLP and the U.S. Chamber Litigation Center served as co-counsel for the Chamber.
Fifth Circuit holds that the plaintiffs have standing and the district court did not abuse its discretion in certifying a multi-plan ERISA class action
August 11, 2023
Click here to view the opinion.
U.S. Chamber files amicus brief urging Fifth Circuit to reverse order certifying a multi-plan ERISA class action
August 02, 2022
Click here to view the brief.
Meaghan VerGow and Scott Harman-Heath of O'Melveny & Myers LLP and the U.S. Chamber’s Litigation Center served as co-counsel for the U.S. Chamber.
The U.S. Chamber previously filed two successful amicus briefs in this case, obtaining reversal of an earlier class certification order and supporting interlocutory review of this class certification order.
Fifth Circuit grants permission to appeal certification of multi-plan ERISA class action
May 11, 2022
Click here to view the order.
U.S. Chamber files amicus brief urging Fifth Circuit to review order certifying a multi-plan ERISA class action
April 19, 2022
Click here to view the brief.
Meaghan VerGow and Scott Harman-Heath of O’Melveny & Myers LLP and the U.S. Chamber’s Litigation Center served as co-counsel for the U.S. Chamber.
Case Documents
- District Court Decision -- Chavez v. Plan Benefit Services, Inc. (W.D. Tex.).pdf
- U.S. Chamber Amicus Brief -- Plan Benefit Services, Inc. v. Chavez (Fifth Circuit).pdf
- Order Granting Motion for Leave to Appeal -- Plan Benefit Services, Inc. v. Chavez (Fifth Circuit).pdf
- U.S. Chamber Amicus Brief (merits) -- Chavez v. Plan Benefit Services, Inc. (Fifth Circuit).pdf
- Opinion -- Chavez v. Plan Benefit Services, Inc. (Fifth Circuit)
- U.S. Chamber Amicus Brief (en banc rehearing petition) -- Chavez v. Plan Benefit Services, Inc. (Fifth Circuit)
- Rehearing Opinion -- Chavez v. Plan Benefit Services, Inc. (Fifth Circuit)