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LAKE v. STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES

No. 436PA13-4.

852 S.E.2d 888 (2021)

I. Beverly LAKE, John B. Lewis, Jr., Everette M. Latta, Porter L. McAteer, Elizabeth S. McAteer, Robert C. Hanes, Blair J. Carpenter, Marilyn L. Futrelle, Franklin E. Davis, the Estate of James D. Wilson, the Estate of Benjamin E. Fountain, Jr., Faye Iris Y. Fisher, Steve Fred Blanton, Herbert W. Cooper, Robert C. Hayes, Jr., Stephen B. Jones, Marcellus Buchanan, David B. Barnes, Barbara J. Currie, Connie Savell, Robert B. Kaiser, Joan Atwell, Alice P. Nobles, Bruce B. Jarvis, Roxanna J. Evans, Jean C. Narron, and all others similarly situated. v. STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES, a corporation, formerly known as the North Carolina Teachers and State Employees' Comprehensive Major Medical Plan, Teachers and State Employees' Retirement System of North Carolina, a corporation, Board of Trustees of the Teachers and State Employees' Retirement System of North Carolina, a body politic and corporate, Janet Cowell, in her official capacity as Treasurer of the State of North Carolina, and The State of North Carolina.

Supreme Court of North Carolina.

January 26, 2021.

Attorney(s) appearing for the Case

Marc Bernstein , Special Deputy Attorney General, For State Health Plan For Teachers And State Employees, et al.

Robert M. Curran , Special Deputy Attorney General.

Heather H. Freeman , Assistant Attorney General.

Christopher M. Whelchel , Attorney at Law, Gastonia, For Lake, I. Beverly, et al.

Michael L. Carpenter , Attorney at Law, Gastonia, For Lake, I. Beverly, et al.

Marcus R. Carpenter , Attorney at Law, Gastonia, For Lake, I. Beverly, et al.

Gary W. Jackson , Attorney at Law, Charlotte, For Lake, I. Beverly, et al.

Sam McGee , Attorney at Law, Charlotte, For Lake, I. Beverly, et al.

Marshall P. Walker , Attorney at Law, For Lake, I. Beverly, et al.

Ryan Y. Park , Solicitor General, For State of North Carolina.

Joseph A Newsome , Attorney at Law, Raleigh, For State of North Carolina.

Kenzie M. Rakes , Assistant Solicitor General, For State of North Carolina.

Matthew C Burke , Solicitor General Fellow, For State of North Carolina.

J. Michael McGuinness , Attorney at Law, Elizabethtown, For N.C. Association of Educators.

Verlyn Chesson Porte , Attorney at Law, For N.C. Association of Educators.

J. Bryan Boyd , Attorney at Law, For Lake, I. Beverly, et al.

Vernon Sumwalt , Attorney at Law, Charlotte, For AARP, et al.

Ali Naini , Attorney at Law, For AARP, et al.

DISCLOSURE PURSUANT TO CANON 3D OF THE CODE OF JUDICIAL CONDUCT

This case arises from a challenge brought by a class of over 222,000 individuals consisting, as described in the class certification order entered by Judge Edwin G. Wilson, Jr., in the Superior Court, Gaston County, on 11 October 2016, of (1) "[a]ll members (or their Estates or personal representatives if they have deceased since July 1, 2009) of the N.C. Teachers' and State Employees' Retirement System...

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