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Case Name Finley v. Dun & Bradstreet Corp. EE-NJ-0126
Docket / Court 2:06-cv-01838 ( D.N.J. )
State/Territory New Jersey
Case Type(s) Equal Employment
Case Summary
On March 30, 2006 the district court for the Northern District of Illinois (Judge Plunkett) ordered that the case Finley v. Dun & Bradstreet Corp. (EE-IL-0287) be transferred to the District of New Jersey. On September 7, 2005, plaintiff had filed suit under the Employee Retirement Income Security ... read more >
On March 30, 2006 the district court for the Northern District of Illinois (Judge Plunkett) ordered that the case Finley v. Dun & Bradstreet Corp. (EE-IL-0287) be transferred to the District of New Jersey. On September 7, 2005, plaintiff had filed suit under the Employee Retirement Income Security Act (ERISA) against his employer, Dun & Bradstreet Corp. The plaintiff had alleged that modifications to his pension plan constituted violations of ERISA and age discrimination and that the defendant had provided false and misleading information about the change. He sought declaratory and injunctive relief as well as monetary damages. The case was transferred because the defendant and most members of the putative class resided in or near New Jersey.

On January 26, 2007 the district court (Judge Chesler) granted the defendant's motion to dismiss four of the five counts of the plaintiff's complaint, partly based on a ruling in a similar case, Cooper v. IBM Personal Pension Plan (EE-IL-0285), to the effect that the alleged violations concerned only the effect of time on money and thus were not actionable under ERISA or an age discrimination claim. The plaintiff was left to continue with his fifth count and re-file two others but on April 30, 2007 the court entered a joint stipulation of dismissal after the parties reached an unknown settlement.

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. ยง 1001
Defendant(s) Dun and Bradstreet Corp.
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 Unknown
Source of Relief Settlement
Form of Settlement Voluntary Dismissal
Order Duration not on record
Case Closing Year 2007
Case Ongoing No
Case Listing EE-IL-0287 : Finley v. Dun & Bradstreet Corp. (N.D. Ill.)
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)
2:06-cv-01838 (D.N.J.) 04/30/2007
EE-NJ-0126-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Amended Class Action Complaint for Declaratory and Injunctive Relief Under ERISA 06/05/2006
EE-NJ-0126-0001 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Opinion (Granting in part and denying in part defendant's motion to dismiss) 01/26/2007 (471 F.Supp.2d 485) (D.N.J.)
EE-NJ-0126-0002 PDF | WESTLAW| LEXIS | External Link | Detail
Judges Cecchi, Claire Claudia (D.N.J.) [Magistrate]
EE-NJ-0126-9000
Chesler, Stanley R. (D.N.J.) [Magistrate]
EE-NJ-0126-0002 | EE-NJ-0126-9000
Hedges, Ronald J. (D.N.J.) [Magistrate]
EE-NJ-0126-9000
Martini, William J. (D.N.J.)
EE-NJ-0126-9000
Monitors/Masters None on record
Plaintiff's Lawyers Meites, Thomas R. (Illinois)
EE-NJ-0126-0001
Moukawsher, Thomas G. (Connecticut)
EE-NJ-0126-0001
Mulder, Michael M (Illinois)
EE-NJ-0126-0001
Nirenberg, Jonathan I. (New Jersey)
EE-NJ-0126-0001 | EE-NJ-0126-9000
Raymond, Josie (Illinois)
EE-NJ-0126-0001
Defendant's Lawyers Mills, Christopher H. (New Jersey)
EE-NJ-0126-9000
Other Lawyers None on record

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