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Case Information: American Electric Power Company, Inc.

Updated On:  September 30th, 2009
Consolidated Amended Complaint
Defendants' Motion to Dismiss the Complaint
Order Denying Motion to Dismiss

This case covers all participants in the American Electric Power Company, Inc. ("AEP") employee 401(k) Retirement Savings Plan (the "Plan") for whose individual accounts the Plan held an interest in AEP common stock between December 9, 1998, and December 31, 2002. Izard Nobel (f/k/a Schatz Nobel Izard P.C.) was appointed Co-Lead Counsel by the United States District Court for the Southern District of Ohio on July 8, 2003.

On September 8, 2003, Plaintiffs filed an Amended Complaint alleging that Defendants breached their fiduciary duties to the Plan Participants by allowing the Plan to hold AEP common stock when Defendants knew it was imprudent to do so.

A Motion to Dismiss the Complaint was denied on August 10, 2004.  After the District Court denied class certification, the 6th Circuit Court of Appeals reversed, sending the class certification issue back to the District Court for further consideration.

On September 8, 2008, the court again denied the motion for class certification.  On July 22, 2009, Plaintiffs filed a motion to maintain certain claims on behalf of the Plan notwithstanding the denial of class certification.  Defendants have opposed this motion. 




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