⚖ Oral Arguments, with Context

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John Mullins v. National Rural Electric Cooperative Association — 4th Cir. (Oct 30, 2026)

No. 26-1823 Argued October 30, 2026 Published October 30, 2026

The Fourth Circuit hears a dispute over fees in a 401(k) retirement plan. Participants accuse the National Rural Electric Cooperative Association and its plan committee of charging excessive administrative fees. They sue under ERISA, the federal employee-benefits law. A district judge certified a class, and the association is challenging that decision. Certification allows representatives to litigate for the group; it is not a finding that the fees were excessive. The association will argue that different accounts, fees, and services require individual proof of harm. The participants will argue that the fees were excessive at the plan level, and individual differences concern how damages are distributed. Commonality asks whether there are questions common to the class. Predominance goes further: under Rule twenty-three, b three, common questions must outweigh those requiring individual answers.

John Mullins v. National Rural Electric Cooperative Association (No. 26-1823) — U.S. Court of Appeals for the Fourth Circuit, argued October 30, 2026.

Sources
Argument audio — official Fourth Circuit recording:https://www.ca4.uscourts.gov/OAarchive/mp3/26-1823-20261030.mp3
Case and argument date — official Fourth Circuit audio listing:https://www.ca4.uscourts.gov/oral-argument/oral-argument-audio-files
Class-certification ruling challenged — official hearing synopsis, page 16:https://www.ca4.uscourts.gov/cal/internetcalOct272026.pdf
Background and competing class-certification arguments — Chamber and American Benefits Council amicus, May 22, 2026, permission docket 26-165:https://www.uschamber.com/assets/documents/U.S.-Chamber-Amicus-Brief-National-Rural-Electric-Cooperative-Association-v.-Mullins-Fourth-Circuit.pdf
Class certification, commonality and predominance — Federal Rule of Civil Procedure 23:https://www.law.cornell.edu/rules/frcp/rule_23
ERISA employee-benefit protections — 29 U.S.C. § 1001:https://www.law.cornell.edu/uscode/text/29/1001

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