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Case Developments

West v. AK Steel Case Update, October, 2006

In late March of 2006, the defendants in the West v. AK Steel lawsuit appealed the district court's decisions against them. Now the litigation is in the United States Court of Appeals for the Sixth Circuit as case number 06-3442.

The parties submitted their written arguments in mid-September. After the case is set for an oral argument in the court of appeals and that argument is presented, the court of appeals will take the time necessary to reflect upon and resolve the parties' positions. We may anticipate a decision in the appeal being issued in 2007.

Thus, we certainly are some time away from making any distributions to Class Members. Indeed, whether we retain the victories we won in the district court, and thus whether there will be any distributions at all, completely resides with the court of appeals. We will have to wait upon its decisions to know whether distributions will be made and, if so, in what amounts. We remain firm in our conviction that the defendants' arguments on appeal will be rejected as the district court's decisions against them are well-founded in both law and fact.

You can view the docket in the appeal with the "Public Access to Court Electronic Records" (PACER) system of the federal courts. First you will have to register at https://pacer.psc.uscourts.gov/psco/cgi-bin/regform.pl. Then you can access the appeal's online docket by navigating to case number 06-3442 from https://pacer.login.uscourts.gov/cgi-bin/login.pl?court_id=06ca.

Access to PACER will generate a charge of eight cents per HTML-formatted page, whether or not pages are printed, viewed, or downloaded. You will be billed on a quarterly basis for your transactions. But no fee is owed until a user accrues more than $10.00 worth of charges in a calendar year. Consequently, if your PACER account does not accrue $10.00 worth of usage between January 1st and December 31st each year, all balances will be deleted from the PACER records.

You may use your PACER account to review the online docket in our appeal as well as the dockets of nearly every federal district and appellate court. You may also use your PACER account to download actual case filings from those district and appellate courts which provide those services via their Electronic Court Filing (ECF) systems. Unfortunately, some courts do not yet have their ECF system in operation, and thus for now you can only view the docket.

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