A Georgia federal judge has certified a host of related classes in a suit against SunTrust Banks Inc. from a group of former workers alleging that their former employer breached Employee Retirement Income Security Act duties by offering its retirement plan participants mutual funds managed by its own affiliate, despite the funds' allegedly tepid performance.
U.S. District Judge Orinda Dale Evans on Wednesday certified eight classes in the ERISA suit from a group of plaintiffs who were Suntrust 401(k) plan participants while at the company.
The judge ruled that the plaintiffs met various requirements for certification under Rule 23 of the Federal Rules of Civil Procedure, saying the plaintiffs have said the class would be "in the realm of 30,000 members" and that there are common questions among the plaintiffs. The judge also said separate classes relating to each fund will be needed to move forward.
Fuller is represented by J. Brian McTigue and James A. Moore of McTigue Law LLP, Karen L. Handorf, Scott Michael Lempert and Jamie L. Bowers of Cohen Milstein Sellers & Toll PLLC, and Alan R. Perry Jr. of Page Perry.
The case is Fuller et al. v. SunTrust Banks Inc. et al., case number 1:11-cv-00784, in the U.S. District Court for the Northern District of Georgia.
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