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Civil Procedure — class actions

By: WISCONSIN LAW JOURNAL STAFF//August 9, 2013//

Civil Procedure — class actions

By: WISCONSIN LAW JOURNAL STAFF//August 9, 2013//

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United States Court of Appeals For the Seventh Circuit

Civil

Civil Procedure — class actions — class representatives

Where a class representative’s interests have diverged from some of the class members, a new class representative must be found.

“But while the class representatives have been adequate up to now, on remand (for a remand is necessary in light of our ruling on the application of the statute of limitations to the projection-rate subclass) a new representative or representatives will have to be appointed for subclass A. The two named plaintiffs, Ruppert and Larson, have up to now been the representatives of both subclasses, and they remain adequate representatives of subclass B—the subclass challenging the pre-retirement mortality discount—because the lump sum retirement benefits that they received in 2011 had been subjected to the discount. But Ruppert is no longer a member of subclass A, because he received his lump sum in 2011 calculated on the basis of a projection rate higher than 8.2 percent. And Larson is out as well, by virtue of our statute of limitations ruling; for he had received his lump sum in 2000. The judgment is reversed and remanded with respect to the statute of limitations regarding class members who took their lump sum more than six years before the suit was filed, and also with respect to the adequacy of the class representatives, and is otherwise affirmed.”

Affirmed in part, and Reversed in part.

12-3067 Ruppert v. Alliant Energy Cash Balance Pension Plan

 

Appeal from the United States District Court for the Western District of Wisconsin, Crabb, J., Posner, J.

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