ERISA
Lucent Death Benefits ERISA Litigation

For several years, we have been prosecuting a class action challenging the decision by Lucent Technologies Inc. ("Lucent") to eliminate death benefits that were payable to certain beneficiaries under Lucent's pension plan for its management employees.

On November 10, 2005, we filed a consolidated amended complaint, which is the product of our analysis of the documentary evidence that we have gathered in the course of this case. On December 30, 2005, the defendants filed a motion asking that the Court enter judgment in their favor and dismiss the litigation. On March 8, 2006, we filed our response. The court heard oral argument on November 9, 2006, and, on November 27, 2006, granted the defendants' motion to dismiss in this opinion.

Following the court's dismissal of the consolidated amended complaint, we filed an appeal to the United States Court of Appeals for the Third Circuit. On April 20, 2007, we filed our opening brief on appeal. Defendants filed their responsive brief on June 22, 2007, and we filed our reply on July 9, 2007.

At this point, all of our briefing is complete, and we are waiting for the Court to calendar the case, at which point it will be assigned to a three judge panel. While it is possible the case will be calendared this year, we anticipate that next year is more likely. The panel will determine whether it wishes to hear argument or to decide the matter on the briefs.

If you have questions about this case, please feel free to contact either:
Jim Malone, or
Kimberly Litman Kimmel.

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   Monday, May 12th, 2008