Duke Energy Cash Balance Lawsuit

The lawsuit against Duke Energy's cash balance pension was filed February 6, 2006 in U. S. District Court, Greenville, SC. The class certification ruling was issued on September 4, 2009.

For details about the claims and whether you may be a member of the “class” of present and former employees, please feel free to email René Davis at rdavis@wallacegraham.com or call Karen Martinez at 1-800-849-5291.

02/08/2010: PLAINTIFFS’ REPLY IN SUPPORT OF MOTION FOR RELIEF
02/08/2010: AFFIDAVIT OF HENRY MILLER IN SUPPORT OF MOTION FOR RELIEF
02/05/2010: DEFENDANTS' OPPOSITION TO PLAINTIFFS' MOTION FOR RULE TO SHOW CAUSE
02/05/2010: EXHIBIT A - DUKE ENERGY EMPLOYEE ADVOCATE PAGES
02/05/2010: EXHIBIT B - DEPOSITION OF JIM MATTHEWS
02/05/2010: DECLARATION OF RICHARD JEFFRIES
02/05/2010: DECLARATION OF JAMES O'CONNOR
02/05/2010: MESSAGE FROM JIM ROGERS
02/05/2010: OCTOBER 2009 - OPEN FORUM
01/29/2010: MOTION FOR RELIEF REGARDING IMPROPER CLASS COMMUNICATIONS
01/29/2010: MEMORANDUM IN SUPPORT OF MOTION FOR RELIEF
01/29/2010: EXHIBIT 1: WAIVER AND RELEASE OF CLAIMS
01/29/2010: EXHIBIT 2: CITED CASES
01/29/2010: AFFIDAVIT OF JIM MATTHEWS IN SUPPORT OF MOTION FOR RELIEF
01/29/2010: EXHIBIT A: DUKE ENERGY 2010 VOP REQUEST FORM
01/29/2010: EXHIBIT B: NOTICE OF ELIGIBILITY FOR VOLUNTARY WINDOW
01/29/2010: EXHIBIT C: WAIVER AND RELEASE OF CLAIMS
01/29/2010: EXHIBIT D: VOP QUESTIONS/ANSWERS FOR EMPLOYEES
01/29/2010: EXHIBIT E: DUKE ENERGY 2010 VOP HIGHLIGHTS
11/13/2009: NOTICE OF CLASS ACTION
11/13/2009: SUMMARY NOTICE OF CLASS ACTION
11/13/2009: ORDER APROVING JOINT SUBMISSION WITH REGARD TO CLASS NOTICE
09/28/2009: MODIFICATION OF CLASS DEFINITION
09/04/2009: CLASS CERTIFICATION ORDER
03/31/2009: ORDER DENYING DEFENDANTS MOTION TO DISMISS
08/18/2008: PLAINTIFFS’ MEMORANDUM IN OPPOSITION TO MOTION TO DISMISS
08/18/2008: PLAINTIFFS' MEMORANDUM IN SUPPORT OF CLASS CERTIFICATION
06/18/2008: AMENDED COMPLAINT
06/02/2008: ORDER OF THE COURT (Three pages)
06/02/2008: ORDER OF THE COURT (Sixty-six pages)
03/31/2008: EXPERT REPORT
01/04/2008: PLAINTIFFS’ SUPPLEMENTAL MEMORANDUM IN SUPPORT OF MOTION TO AMEND
07/12/2007: PLAINTIFFS’ MOTION FOR PARTIAL SUMMARY JUDGMENT
07/12/2007: MEMORANDUM IN SUPPORT OF PLAINTIFFS’ MOTION FOR PARTIAL SUMMARY JUDGMENT
07/12/2007: EXHIBIT A - EXCERPTS FROM DUKE ENERGY ANNUAL REPORTS FOR THE YEARS 1997-2002
07/12/2007: EXHIBIT B - CONGRESSIONAL REPORTS
07/12/2007: EXHIBIT C – ZELINSKY ARTICLE
07/12/2007: EXHIBIT D – UNREPORTED CASES
07/09/2007: Plaintiffs’ Memorandum in Opposition to Defendants’ Motion for Judgment
05/19/2006: Plaintiffs’ Memorandum in Opposition to Defendants’ Motion for Transfer
05/10/2006: Plaintiffs’ Opposition to Motion for Stay
05/05/2006: Defendants’ Memorandum Supporting Transfer of Venue
05/05/2006: Defendants’ Motion to Transfer Venue
05/05/2006: Defendants’ Motion for Stay or an Extension of Time
04/27/2006: Motion for Certification of Class Action
03/23/2006: Defendants’ Response to Local Rule 26.01 Interrogatories
03/23/2006: Answer of Defendants Duke Energy Retirement Cash Balance Plan
02/06/2006: COMPLAINT against Duke Energy Cash Balance Plan, Duke Energy Corporation

Other Pension Lawsuits

12/22/2006: AARP Files Amicus Curiae Brief with Supreme Court Regarding IBM Pension Lawsuit
12/12/2006: Citigroup Cash Balance Plan Ruled Age Discriminatory
10/30/2006: JP Morgan Chase Cash Balance Plan Ruled Age Discriminatory

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