MARY K. BOLEY; KANDIE SUTTER; PHYLLIS JOHNSON, Individually and as representatives of a class of similarly situated persons, on behalf of the Universal Health Services, Inc. Retirement Savings Plan v. UNIVERSAL HEALTH SERVICES, INC.; UNIVERSAL INC.; THE UHS RETIREMENT PLANS INVESTMENT COMMITTEE; DOES 1-10, Whose Names Are Currently Unknown Universal Health Services, Inc. and Health Universal Health Services, Inc. Retirement Plans Investment Committee, Appellants, 36 F.4th 124

Summary

HOLDINGS: [1]-Since the named plaintiffs alleged concrete injuries traceable to the challenged decisions and courses of conduct of the defendants, they had standing; [2]-To establish standing, class representatives needed only show a constitutionally adequate injury flowing from those decisions or failures, and the named plaintiffs alleged such an injury for each claim; [3]-The named plaintiffs' interests were sufficiently aligned with those of the class because the common allegation for each class member, the administrator's alleged imprudence in managing the Plan's funds, was comparably central to the claims of the named plaintiffs as to the claims of the absentees; [4]-The named plaintiffs' interests were sufficiently aligned with those of the class, and any concern for conflicts was speculative, and certification of an ERISA class met the requirements of Fed. R. Civ. P. 23(a).