Parties, Amici Dispute Bid For En Banc 4th Circuit To Review Class Cert Vacatur

( May 1, 2026, 10:42 AM EDT) -- RICHMOND, Va. — Arguing in part that en banc rehearing is not warranted because “[t]he panel nowhere placed class certification off-limits for all § 502(a)(2) claims involving defined-contribution plans,” an employer urged the Fourth Circuit U.S. Court of Appeals to let stand an interlocutory ruling that reversed and vacated certification of a mandatory class in an Employee Retirement Income Security Act case challenging the employer’s decision to include passively managed BlackRock LifePath Index target date funds (TDFs) in its retirement plan....