District Court Certifies Class In Stock Drop Case Over Typicality Objection

In Re YRC Worldwide, Inc. ERISA Litigation, Case No. 09-2593 (D. Kan. Apr. 6, 2001), involves claims by plaintiffs who alleged that company fiduciaries violated ERISA by continuing to offer the company’s stock fund as a 401(k) investment option following a steep decline in share value.  Defendants answered, denied liability, and asserted affirmative defenses.  According to defendants, plaintiffs opted to invest in the company’s stock fund and thus plaintiffs’ own investment choices caused any losses.

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