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Civil Rights Litigation Clearinghouse
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Case Name Finley v. Dun & Bradstreet Corp. EE-IL-0287
Docket / Court 1:05-cv-05134 ( N.D. Ill. )
State/Territory Illinois
Case Type(s) Equal Employment
Special Collection Private Employment Class Actions
Case Summary
On September 7, 2005, plaintiff filed suit under the Employee Retirement Income Security Act of 1974, § 2 et seq., 29 U.S.C.A. § 1001 et seq., (ERISA) against his employer, Dun & Bradstreet Corp., in United States District Court for the Northern District of Illinois. The plaintiff alleged that ... read more >
On September 7, 2005, plaintiff filed suit under the Employee Retirement Income Security Act of 1974, § 2 et seq., 29 U.S.C.A. § 1001 et seq., (ERISA) against his employer, Dun & Bradstreet Corp., in United States District Court for the Northern District of Illinois. The plaintiff alleged that when the defendant switched his pension plan from a defined benefit plan to a cash balance plan on January 1, 1997 it had violated ERISA and engaged in age discrimination because his benefits were reduced compared to those awarded to younger employees because of how interest accrued in the new plan. He also alleged that the defendant had provided false and misleading information about the change. The plaintiff, represented by private counsel, asked the court for injunctive and declaratory relief as well as monetary damages. He also sought to have a class certified consisting of all other employees similarly situated.

On March 30, 2006, the district court (Judge Plunkett) ordered that the case be transferred to the District of New Jersey. The defendant's principle place of business was in New Jersey and of the 5,000 putative class members only 4% resided in Illinois while most of the rest resided in or near New Jersey. The case continued in New Jersey as Finley v. Dun & Bradstreet Corp. Subsequent developments can be found in EE-NJ-0126.

Michael Perry - 09/16/2010


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Issues and Causes of Action
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Issues
Discrimination-area
Pay / Benefits
Discrimination-basis
Age discrimination
General
Disparate Treatment
Plaintiff Type
Private Plaintiff
Causes of Action Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1001
Defendant(s) Dun & Bradstreet Corporation
Plaintiff Description Employee of the defendant whose original pension plan was converted to a different sort of plan.
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted No
Prevailing Party Mixed
Public Int. Lawyer No
Nature of Relief None
Source of Relief None
Form of Settlement None on record
Order Duration not on record
Case Closing Year 2006
Case Ongoing No
Case Listing EE-NJ-0126 : Finley v. Dun & Bradstreet Corp. (D.N.J.)
Additional Resources
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Case Studies Megacases, Diversity, and the Elusive Goal of Workplace Reform
Written: Mar. 01, 2008
By: Nancy Levit (University of Missouri-Kansas City School of Law)
Citation: 49 B.C. L. Rev. 367 (2008)
[ Detail ] [ External Link ]

  Second Generation Employment Discrimination: A Structural Approach
By: Susan Sturm (Columbia Law School)
Citation: 101 Colum. L. Rev. 458 (2001)
[ Detail ] [ External Link ]

Docket(s)
1:05-cv-05134 (N.D. Ill.) 09/07/2005
EE-IL-0287-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 09/07/2005
EE-IL-0287-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum Opinion and Order (Granting motion to transfer) 03/20/2006 (2006 WL 861920 / 2006 U.S.Dist.LEXIS 19617) (N.D. Ill.)
EE-IL-0287-0002.pdf | WESTLAW| LEXIS | Detail
Judges Plunkett, Paul Edward (N.D. Ill.)
EE-IL-0287-0002 | EE-IL-0287-9000
Monitors/Masters None on record
Plaintiff's Lawyers Meites, Thomas R. (Illinois)
EE-IL-0287-0001 | EE-IL-0287-9000
Mollica, Paul William (Illinois)
EE-IL-0287-9000
Moukawsher, Thomas G. (Connecticut)
EE-IL-0287-0001 | EE-IL-0287-9000
Mulder, Michael M (Illinois)
EE-IL-0287-0001 | EE-IL-0287-9000
Raimond, Johanna J. (Illinois)
EE-IL-0287-0001 | EE-IL-0287-9000
Defendant's Lawyers Gusman, Adam K. (Illinois)
EE-IL-0287-9000
Roche, Michael P. (Illinois)
EE-IL-0287-9000
Shea, Patrick W. (New York)
EE-IL-0287-9000
Other Lawyers None on record

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