Lake Class Action Case
Case No: Gaston: 12-CVS-1547

The trial was previously set to begin on March 3, 2025 at the Gaston County Courthouse in Gastonia, North Carolina.  However, Defendants filed a second motion for summary judgement and a motion to decertify the class. Both motions were denied by the Court. Defendants appealed the Court’s denial of their motion to decertify the class to the North Carolina Supreme Court and the trial Court has halted further proceedings until the Supreme Court can rule on the matter. The North Carolina Supreme Court had already determined that Class Members have a contractually vested right in their retirement health plan in its opinion in March of 2022. The remaining issues that were to be tried are whether that contract was substantially impaired when the State of the North Carolina reduced the benefits for vested retirees and, if so, the resulting damages. This page be updated when a new trial date has been scheduled.

Important Dates

October 17, 2016
Summary Judgment Response Briefs Due

October 31, 2016
Deadline to Opt-out of Class

November 7, 2016
Summary Judgment Reply Briefs Due

November 14, 2016
Summary Judgment Hearing in Forsyth County

May 19, 2017
Partial Summary Judgment Order Issued in Favor of Plaintiffs

June 2, 2017
Defendants File Notice of Appeal

December 5, 2017
Defendants and Plaintiffs File Joint Petition for Discretionary Review to the NC Supreme Court

April 23, 2018
Defendant's Brief filed

June 22, 2018
Plaintiff's Response Brief filed

August 1, 2018
Defendant's Reply Brief filed

November 29, 2018
Oral Argument before the North Carolina Court of Appeals

October 4, 2021
NC Supreme Court Oral Arguments

March 11, 2022
NC Supreme Court Issues Opinion

Disclaimer:

This site is not affiliated with the N.C. State Health Plan, the Teachers' and State Employees' Retirement System or any other State agency.  The State is not responsible for any content on this site.