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Gerald George, et al v. Kraft Foods Global, Incorporated, et al

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ARGUED OCTOBER 19, 2010

Before CUDAHY and ROVNER, Circuit Judges, and ADELMAN, District Judge.*fn1

Plaintiffs, current and former employee-participants in the Section 401(k) plan (the “Plan”) of Kraft Foods Global, Inc. (“Kraft”) brought this class action against various individuals and entities associated with the Plan, alleging that they breached their fiduciary duties under the Employee Retirement Income Security Act of 1974 (“ERISA”) by imprudently allowing the Plan to incur excessive expenses and generate insufficient returns. The district court certified*fn2 a plaintiff class composed of Plan participants but ultimately granted summary judgment to defendants. Plain-*fn3 tiffs appeal this grant of summary judgment along with two of the district court’s procedural rulings-its order denying plaintiffs’ motion for leave to file an amended complaint and its order excluding the testimony of one of plaintiffs’ expert witnesses, Dr. Edward O’Neal. We affirm the procedural rulings and affirm in part and reverse in part the grant of summary judgment.

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