Legal Opinion

Pender v. Bank of America Corp.

District Court, W.D. North Carolina

Decided August 25, 2010No. 3:05-CV-238-MUPublishedCited by 2 opinions

1Opinion of the Court

ORDER

GRAHAM C. MULLEN, District Judge.

THIS MATTER is before the Court on Plaintiffs’ Motion to Certify Class and for Appointment of Class Counsel. For reasons giving below, the Motion is GRANTED.

*593I. BACKGROUND

This action arises from the organization and administration of the Bank of America Pension Plan (“the BAC Plan” or “the Plan”), and transactions between the BAC Plan and the Bank of America 401(k) Plan (“the 401(k) Plan”). Plaintiffs’ fundamental allegation is that Bank of America (BoA) has wrongfully deprived Plaintiffs of benefits under the Plans.

a. Retirement Plans in General

This ease…

2Cases cited14 opinions

  1. Amchem Products, Inc. v. WindsorSupreme Court of the United States · 1997
  2. Robert D. Sprague, Plaintiffs-Appellees/cross-Appellants v. General Motors Corporation, Defendant-Appellant/cross-AppelleeCourt of Appeals for the Sixth Circuit · 1998
  3. Mary Jane Forbush v. J.C. Penney Company, Inc., Pension PlanCourt of Appeals for the Fifth Circuit · 1993
  4. Prado-Steiman Ex Rel. Prado v. BushCourt of Appeals for the Eleventh Circuit · 2000
  5. David Berger and Gerry Tsupros, on Behalf of Themselves and Others Similarly Situated v. Xerox Corporation Retirement Income Guarantee PlanCourt of Appeals for the Seventh Circuit · 2003

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3Cited by2 opinions

  1. Bond v. Marriott Intertional, Inc.District Court, D. Maryland · 2014
  2. Foster v. CEVA Freight, LLCDistrict Court, W.D. North Carolina · 2011

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