Universal Health Slams Class Cert. Bid In 401(k) Fee Suit

February 26, 2021
Law360 (February 25, 2021, 9:04 PM EST) -- Universal Health Services Inc. has slammed its workers' bid for class status in their challenge to the company 401(k) plan's investments and fees in Pennsylvania federal court, arguing that the plaintiffs only invested in seven of the 37 investment funds they say were imprudent.

In a brief filed Wednesday, the company urged the court to deny a request by Mary Boley, Kandie Sutter and Phyllis Johnson to represent roughly 70,000 UHS workers in the Employee Retirement Income Security Act suit they hope to turn into a class action.

"Plaintiffs ... cannot represent a class challenging all of the plan's investment options...

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