Scott Burnett Smith Quoted in Law360 on Genworth Financial Case

Bradley attorney Scott Burnett Smith was quoted in Law360 discussing a Genworth Financial class certification appeal to a Fourth Circuit panel. Arguments from the insurance company seek to unravel class certification in an employee retirement plan participants' suit. 

The case involves former employees suing Genworth for selecting poorly performing investment options in their 401(k) retirement plans. The central issue on appeal is whether the individual circumstances of each employee are too different to justify a class action.

Smith, founder and chair of Bradley’s Appellate team, said the Fourth Circuit case "presents one of the gnarliest class action issues in ERISA litigation." 

That issue is "the inherently individualized nature of 401(k) plans," Smith explained. 

Smith added that he expected the Fourth Circuit to reverse class certification in the case, and if not, the high court could get involved. 

"Earned or lost money is something that has to be calculated individually. You can't get around due process by claiming that all of that is a plan function... These due process class action issues are very important, and the U.S. Supreme Court has paid attention," Smith said.

The full article, “4 Oral Argument Sessions Benefits Attys Should Watch In Oct.,” was published by Law360 on Oct. 7, 2025. (login required)